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Home>News>Archive Home>Supreme Court orders exhibition of Purahanda Kaluwara

Supreme Court orders exhibition of Purahanda Kaluwara

By Rodney Martinesz
Daily News
Friday August 03, 2001

Film Director Prasanna Vithanage was yesterday (August 02, 2001) awarded Rs. 550,000 by the Supreme Court as compensation for the suspension of the screening of his film Purahanda Kaluwara by the National Film Corporation.

The compensation is payable by the NFC (Rs.500,000) and Minister-in-charge of the NFC, Dr. Sarath Amunugama (Rs.50,000) personally as costs. The court also ordered the release of the film for exhibition before September 15, 2001 and in the event of delay to pay the petitioner compensation at the rate of Rs. 100,000 per month.

If the film is not released by November 15, 2001 petitioner may make an appropriate application to court, the judgement by Justice Mark Fernando stated. The other Judges were Dr. A.R.B. Amerasinghe and P. Edussuriya.

The judgement further ordered that the second respondent the NFC shall not be entitled to claim any interest of that loan shall commence one year after the date of actual release of the film. Court did not make order against 4th respondent Ariya Rubasinghe, Competent Authority on military news on the finding that he did not interfere or instigate interference with the petitioner's rights.
Court held that 3rd respondent Tissa Abeysekera, Charirman, NFC had given effect to the first respondent Minister Amunugama's judgement without any effort to exercise an independent corporation was liable for his acts and commissions.

The judgement declared that the 1st to 3rd Respondents had infringed petitioner's Fundamental Rights under Articles 12 (1) 14 (1) (a) and 14 (1) (g) of the Constitution.

The judgement inter alia stated: Although 1st Respondent had originally mentioned only the fact that the Cabinet had decided to place the country on a war footing as the justification for his directive, in his affidavit he gave other different reasons.

"He averred that after viewing the film he was convinced that exhibiting it would be in violation of Emergency Regulation No.14, and would adversely affect the war effort and that he was duty bound to prevent any situation which may effect the morale of the Security Forces the war effort of the government the recruitment drive etc…

"It was not alleged that the film contained any matter pertaining to the operations of the forces procurement of arms and supplies for the forces or the deployment of troops, personnel and equipment.

Upul Jayasuriya, Counsel for the petitioner in his submissions maintained that the respondent was not empowered under the film Corporation Act to issue directives pertaining to the screening of films since his powers are confined only with regard to the distribution of films and the development of the Film Industry. In any event the film was viewed and certified for release by the Public Performance Board, which comprised military officials.

Additional Solicitor General Saleem Marsoof PC with Mrs. I.D. de Silva appeared for the respondents. Upul Jayasuriya with P. Radhakrishnan appeared for Petitioner, Udaya Prasanna Vithanage.

 
   
       
 
 
 
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