In matters of certification of films, the court declared, that it is necessary to take prompt action by the respective authorities. The producer who has invested a large capital should not be made to wait needlessly. He has a statutory right to have the validity of the film determined in accordance with law. It would be, therefore, proper and indeed appreciative if the film is reviewed as soon as it is submitted. It is not proper to form an opinion by dwelling upon stray sentences or isolated passages disregarding the main theme.
Freedom of expression is the rule and it is generally taken for granted. Everyone has a fundamental right to form his own opinion on any issue of general concern. He can form and inform by any legitimate means. Democracy is government by the people via open discussion. The democratic form of government itself demands from its citizens an active and intelligent participation is a basic feature and a rational process of democracy which distinguishes it from all other forms of govt. Public discussion on issues relating to administration had positive value.
Our commitment to freedom of expression demands that it cannot be suppressed unless the situations created by allowing the freedom are pressing and the community interest is endangered. The anticipated danger should not be remote, conjectural or far-fetched. It should have proximate and direct nexus with the expression. The expression of thought should be intrinsically dangerous to the public interests. In other words, the expression should be inseparably locked up with the action contemplated like the equivalent of a “spark in a powder keg”.
The court held that it was difficult to understand how the expression in the film with criticism of reservation policy or praising the colonial rule will affect the security of the State or sovereignty and integrity of India. There was no utterance in the film threatening to overthrow the Govt. by unlawful or unconstitutional means. There was no talk of secession either, nor was there any suggestion for impairing the integration of the country. The film only seemed to suggest that the existing method of reservation on the basis of ca