area in Bombay. Although Abbas had applied to the Board of Film Censors for a `U’ Certificate for unrestricted exhibition of the film, he was granted a certificate only for exhibition restricted to adults. On an appeal made to it by him, the Central Government issued a direction on July 3, 1969 that a `U’ Certificate may be granted provided certain specified cuts were made in the film. Abbas thereafter filed a petition seeking a declaration that the provisions of Part 11 of the Cinematograph Act, 1952, together with the rules prescribed by the Central Government on February 6, 1960 in the exercise of its powers under s. 5-B of the Act were un- constitutional and void; he further prayed that the direction dated July 3, 1969 shouldbe quashed. Abbas claimed that his fundamental right of free speech and expression was denied by the order of the Central Government and that he was entitled to a ‘U’ Certificate for the film as of right.

At the hearing of the petition the Central Government indicated it had, decided to grant a ‘U’ Certificate to the film without the cuts previously ordered. Abbas then applied for amendment of the petition so as to enable him to challenge pre-censorship as offensive to freedom of speech and expression and alternatively the provisions of the Act and the Rules, orders and directions under the Act as vague, arbitrary and indefinite. The Court allowed the amendment holding the petitioner was right in contending that a person who invests capital in promoting or