Magistrate rejected NATA request of giving injunction order on the film
By Shehan Chamika Silva
Colombo additional Magistrate today rejected the request made by the National Authority on Tobacco Alcohol over an injunction order to preventing the film, ‘Adaraneeya Kathawak’ from being screened.
Delivering a 41 pages order, the Magistrate defining the law of the injunction orders and the certain provisions of the NATA Act rejected the request.
The Magistrate said apart from the section 98 of the Criminal Procedure Code, ‘Public disturbance’, the Magistrate’s court is not authorized to make injunction orders considering any other reasons.
He also ascertained that the NATA Act has no any provision on giving restraining orders on violations of the Act.
The Magistrate considering the approval received from the Censor Board on the film stated that the prosecution should get a writ order from the Court of Appeal if they want Censor Board’s decision to be changed, since it is a government institution with authorisation.
The prosecution had requested the restraining order on the ground of section 124 of the Criminal Procedure Code preventing the film is being screened until the inquiry ends over the allegation of violating section 35 of the NATA Act promoting Tobacco and Alcohol by displaying trade marks in the film.
The Magistrate also said that if the allegation would be proven successfully by the prosecution, the maximum punishment over the violation would be fine of Rs. two Million.
He also noticed Director and Producer of the film and the Chairmen of Film Corporation and Censor Board to appear in court on July 29 to respond as to why they could not act accordingly on the court orders to provide a full length version of the film in a CD to Narahenpita Police.
The Magistrate also instructed the parties who does not satisfy with the decision to go to superior courts over the matter.
Earlier, the Colombo additional Magistrate Nishantha Peiris ordered the film's Director Priyantha Colombage, National Film Corporation Chairman and Majestic Cinema Manager to provide a full length version CD of the movie to the Narahenpita Police in order to observe scenes allegedly promoting Tobacco or alcohol by violating the National Authority on Tobacco and Alcohol Act.
The inquiry was conducted on a complaint lodged by an official of NATA, Dilishiya Abeynayake, with Narahenpita Police over the violation of the NATA Act by displaying Tobacco or alcohol advertisements in the film.
Colombo additional Magistrate today rejected the request made by the National Authority on Tobacco Alcohol over an injunction order to preventing the film, ‘Adaraneeya Kathawak’ from being screened.
Delivering a 41 pages order, the Magistrate defining the law of the injunction orders and the certain provisions of the NATA Act rejected the request.
The Magistrate said apart from the section 98 of the Criminal Procedure Code, ‘Public disturbance’, the Magistrate’s court is not authorized to make injunction orders considering any other reasons.
He also ascertained that the NATA Act has no any provision on giving restraining orders on violations of the Act.
The Magistrate considering the approval received from the Censor Board on the film stated that the prosecution should get a writ order from the Court of Appeal if they want Censor Board’s decision to be changed, since it is a government institution with authorisation.
The prosecution had requested the restraining order on the ground of section 124 of the Criminal Procedure Code preventing the film is being screened until the inquiry ends over the allegation of violating section 35 of the NATA Act promoting Tobacco and Alcohol by displaying trade marks in the film.
The Magistrate also said that if the allegation would be proven successfully by the prosecution, the maximum punishment over the violation would be fine of Rs. two Million.
He also noticed Director and Producer of the film and the Chairmen of Film Corporation and Censor Board to appear in court on July 29 to respond as to why they could not act accordingly on the court orders to provide a full length version of the film in a CD to Narahenpita Police.
The Magistrate also instructed the parties who does not satisfy with the decision to go to superior courts over the matter.
Earlier, the Colombo additional Magistrate Nishantha Peiris ordered the film's Director Priyantha Colombage, National Film Corporation Chairman and Majestic Cinema Manager to provide a full length version CD of the movie to the Narahenpita Police in order to observe scenes allegedly promoting Tobacco or alcohol by violating the National Authority on Tobacco and Alcohol Act.
The inquiry was conducted on a complaint lodged by an official of NATA, Dilishiya Abeynayake, with Narahenpita Police over the violation of the NATA Act by displaying Tobacco or alcohol advertisements in the film.
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