Karnataka High Court
Sri. C Venkatesh vs The State Of Karnataka on 31 July, 2012
Author: Ashok B.Hinchigeri
Bench: Ashok B. Hinchigeri
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 31ST DAY OF JULY 2012
BEFORE
THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI
WRIT PETITION No.14824 OF 2012 (C)
C/W WRIT PETITION Nos.11700/2012
AND 11794-11796/2012 & 13194-13199/2012
WP No.14824/2012
BETWEEN:
Sri C Venkatesh,
S/o China Swamy,
Aged about 39 years,
Proprietor/Producer,
M/s. Active Film Makers,
No.57, Govindareddy Lay-Out,
Arakere Mico Lay-out,
Bannerghatta Main Road,
Bangalore - 560 076. ... Petitioner
(By Sri K Raghunath, Advocate for
M/s Ekalya Associates)
AND:
1. The State of Karnataka,
Kannada, Culture and Information
Department (Information Branch),
Ground Floor, Vikas Soudha,
Bengaluru - 560 001.
Represented by it's Secretary.
2. The State of Karnataka,
Kannada, Culture and Information
Department (Information Branch),
Ground Floor, Vikas Soudha,
Bengaluru - 560 001.
Represented by it's Under Secretary.
2
3. The Director/Member Secretary,
Information Department, Committee for
Selection of Qualitative Films for Subsidy,
No.17, 'Vartha Soudha'
Bhagwan Mahaveer Road,
Bangalore - 560 001.
4. The President/Chairman,
Committee for Selection of Qualitative
Films for Subsidy for the year 2009-10,
C/o No.17, 'Vartha Soudha'
Bhagwan Mahaveer Road,
Bangalore - 560 001.
5. M/s. S.G.K.Productions,
Represented by its Proprietor,
Sri S G Krishna Murthy,
Aged about 38 years,
No.3554, 3rd Floor,
4th Cross (Old 5th Cross),
Gayathrinagar, Bangalore - 560 021.
6. M/s. Three Star Combines,
Represented by its Proprietor
Sri D Jayashankar,
Aged about 47 years,
No.19/A, Gokul Building,
4th Cross, 6th Main, Gandhinagar,
Bangalore - 560009.
7. M/s. Paravathi Parameshwara Combines,
Represented by its Proprietor,
Sri M Krishna,
Aged about 50 years,
No.3, Kaggadasapura Main Road,
Thimmareddy Layout,
C V Raman Nagar Post,
Bangalore - 560 093.
8. M/s. Sadguru Enterprises,
Represented by its Proprietor,
Sri M Muniraju,
3
Aged about 44 years,
No.6, 2nd Cross, Maruthinagar,
Madiwala, Bangalore - 560 068.
9. M/s. Elora Movie Club Inc.
Represented by its Proprietor,
Sri Rajappa Ravi Sangar,
Aged about 47 years,
No.124/2, 1st Main, 7th Cross,
Chamarajpet, Bangalore - 560 018. ... Respondents
(By Sri K S Mallikarjunaiah, HCGP for R1-R4:
Sri Aruna Shyam, Advocate for M/s Dharmashree
Associates for R5-R9)
This writ petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the Annx-A GO
dated 10.4.12 passed by R2 accepting the report submitted
by the selection committee headed by the R4 for selection of
qualitative films to avail subsidy benefit for the year 2009-10
and etc.
WP Nos.11700/2012 & 11794-96/2012
BETWEEN:
1. M/s Ramu Enterprises,
No.13, 2nd Floor, 3rd Cross,
5th Main, Gandhinagar,
Bangalore - 560 009.
Represented by its Sole Proprietor,
Mr. T K Ramanna alias Ramu,
S/o Late Thimmaiah,
Age: 46 years.
2. M/s Tulaja Bhavani Creations,
No.632, 3rd Main, 3rd Cross,
West of Chord Road,
2nd Stage, Mahalaxmipuram,
Bangalore - 560 086.
Represented by its Sole Proprietor,
4
Mr. N M Suresh,
S/o Late N Mohan,
Age : 48 years.
3. M/s Sukhadhare Films,
No.22, 8th Main, Srinivasanagar,
Bangalore - 560 050.
Represented by its sole Proprietor,
Mr. K Mahesh Sukhadar,
S/o Kallegowda,
Age: 45 years.
4. M/s P2 Productions,
No.31,Yellappagurdev, Appaiah road,
Banagirinagar, Banashankari - III Stage,
Bangalore - 560 085, represented by its
Sole Proprietor, Mr. T N Prekumar,
S/o Narayaappa,
Age 35 years. ...Petitioners
(By Sri B A Raviraj & Associates, Advocates)
AND:
1. State of Karnataka,
By its Secretary,
Department of Kannada,
Culture and information,
Vikasa Soudha, Bangalore - 560 001.
2. The Director,
Department of Information,
Infantry Road, Bangalore - 560 001.
3. Selection Committee,
Of quality Films in Kannada
& Regional Languages in Karnataka,
For grant of Subsidy by the
Government of Karnataka,
Situated in the premise of the Director,
Department of Information,
Infantry road, Bangalore - 560 001.
5
Represented by its President
Mr.S.Shivaram. ... Respondents
(By Sri K S Mallikarjunaiah, HCGP for R1-R3)
These writ petitions are filed under Articles 226 & 227
of the Constitution of India, praying to issue writ of
mandamus to the respondents 1 & 2 to re-constitute the
selection committee viz the 3rd respondent and etc.
WP Nos.13194-13199/2012
BETWEEN:
1. Sri H B Raghukumar,
S/o B H Bansettappa,
Aged about 50 years,
Proprietor/Producer,
M/s. Sunrise Films, No.9/1,
'Angala Parameshwari Nilaya'
Obalappa Cross,Chikkamavalli,
Bengaluru - 560 004.
2. Sri K N Narashimha Raju,
S/o.K R Narayanappa,
Aged about 53 years,
Proprietor/Producer,
M/s. Sudha Films, No.12,
1st Floor, 'Veda Rani Nivas'
8th Cross, Bhuvaneshwari Nagar,
Dasarahalli Main Road,
Bengaluru - 560 024.
3. Sri Waseem,
S/o Dada Peer,
Aged about 28 years,
Proprietor/Producer,
M/s. Rehan Enterprises,
No.69/3, 1st Floor, 'A' street
AR Extention, 6th Cross,
Gandhinagar, Bengaluru - 560 009.
6
4. Sri Chikka Guthyappa,
Aged about 48 years,
S/o Late Guthaiah,
M/s Lakshmi Ranganthaswamy Combines,
Propreitor/Producer
Rajankunte (Village & Post),
Bengaluru North Taluk.
5. Sri Gopalkrishna,
Aged about 30 years,
S/o Narasimhaiah,
M/s Sri Sudarshan Creators,
Proprietor/Producer,
No.5489, Lakshmanappa Lay-out,
Subash Nagar, Nelamangala,
Bengaluru.
6. Sri Makam Manohar,
S/o T M Anjaiah Setty,
Aged about 52 years,
Film Director & Writer,
No.30, Gurumurthy Street,
Ulsoor, Bengaluru - 560 008. ...Petitioners
(By Sri C H Jadhav, Advocate)
AND:
1. The State of Karnataka,
Kannada, Culture and information
Department (Information Branch),
Ground Floor, Vikas Soudha,
Bengaluru - 560 001.
Represented by its Secretary.
2. The State of Karnataka,
Kannada, Culture and information
Department (Information Branch),
Ground Floor, Vikas Soudha,
Bengaluru - 560 001.
Represented by its Under Secretary.
7
3. The Director/Member Secretary,
Information Department, Committee for
Selection of Qualitative Films for Subsidy,
No.17, 'Vartha Soudha' Bhagwan Mahaveer Road,
Bangalore - 560 001.
4. The President/Chairman,
Committee for Selection of Qualitative
Films for Subsidy for the year 2009-10,
C/o No.17, 'Vartha Soudha'
Bhagwan Mahaveer Road,
Bangalore - 560 001. ... Respondents
(By Sri K S Mallikarjunaiah, HCGP for R1-R4)
These writ petitions are filed under Articles 226 & 227
of the Constitution of India, praying to quash the GO dated
10.4.12 vide Anx-A passed by R2 accepting the report
submitted by the selection committee headed by the R4 for
selection of qualitative films to avail subsidy benefit for the
year 09-10 and etc.
These writ petitions, coming on for preliminary hearing
in 'B' group this day, the Court made the following:
ORDER
The petitioners' grievance is over the recommendations of the committee for selection of qualitative films for subsidy and the acceptance of the said recommendations by the Government. The list of the recommended films are in annexure 1 (45 films viewed by the said committee), annexure 2 (films which have got the awards) and annexure 3 (the childrens' 8 films) sent to the Government on 10.04.2012. Some of the petitioners have also prayed for a direction for reconstituting the selection committee and for the preparation of fresh selection list. It is their grievance that the specific eligibility criteria is not laid for the selection of the films for the grant of the subsidy.
2. Sri K.Raghunath, the learned counsel for the pettier in W.P.No.14824/2012 submits that only those producers who have given kickback of about `2,50,000/- to the selection committee are chosen and recommended for the grant of the subsidy. He brings to my notice the text of the interview of Shivaram, Chairman of the selection committee. It has appeared in Cinema Kirutere Ranjane column of Prajavani issue dated 13.04.2012 (Annexure-J). He submits that the tone and tenor of the reply of Shivaram is clearly indicative of the payment of the kickbacks by the producers of the selected films.
9
3. He also submits that as per the review of the film, namely, Nirdoshi (Sl.No.23 in Annexure 1), it is a crude film. It is dubbed in many other languages. The female artists in the film have indulged in the show of their skin at the drop of a hat. The selection of such film violates the guidelines.
4. He submits that the petitioner in W.P.No.14824/2012 has already filed the complaint with the Lokayuukta.
5. Sri Arun Shyam, the learned counsel for the respondent Nos. 5 to 9 in W.P.No.14824/2012 submits that the producers of the 52 films are not made parties to these petitions. He submits that in their absence, the selection cannot be cancelled. He submits that nothing can be concluded based on what appears in the newspapers. He emphatically denies the allegation of giving the kickbacks. He submits that out of 52 films, the subsidies are already released in respect of 23 films. 10
6. Sri K.S.Mallikarjunaiah, the learned Government Pleader submits that the recommendations made by the committee are final and that they are already accepted by the Government. He submits that the committee for selection of qualitative films for subsidies has completed the selection process in accordance with the guidelines. Therefore, the recommendations are accepted by the Government and the subsidies are already released to many selected films.
7. Giving and taking of the kickbacks is a serious allegation. It cannot be decided based on the assertions and denials in the affidavits; nor can any finding be delivered based on the ipse dixit of any party. Some of the petitioners have rightly filed a complaint with the Lokayukta. They are required to prosecute the matter pending before the Lokayukta.
8. For yet another reason too, I am not inclined to quash the selection list. All the 52 producers of the 11 selected films are not made parties to these proceedings. The selection list cannot be quashed without hearing them.
9. Keeping all the contentions open and reserving the liberty to the petitioner in W.P.No.14824/2012 to take the complaint filed before the Lokayukta to its logical culmination and reserving the liberty to the petitioners in W.P.Nos.11700/2012 & 11794-796/2012 and 13194-199/2012 to avail of the remedy of filing a private complaint before the jurisdictional criminal court or filing a complaint before the Lokayukta or filing a suit seeking appropriate reliefs, I dispose of these petitions. No order as to costs.
Sd/-
JUDGE Cm/-