Bombay HC to CBFC: Decide on certification to 'Emergency' by Sep 18; no release on Sep 6
Mumbai, Sep 4 : The Bombay High Court on Wednesday ordered the Censor Board to decide by September 18 any representations by Sikh bodies, groups or individuals who have objections to the September 6 release of the film, "Emergency".
A division bench comprising Justice Burgess Colabawalla and Justice Firdosh Pooniwalla asked the Central Board of Film Certification (CBFC) to take its decision on the objections by the Jabalpur Sikh Sangat and/or others vis-a-vis the film starring Kangana Ranaut, the Bharatiya Janata Party MP who is playing the lead in the film.
While pointing out that the CBFC lacked powers on deciding representing the objections or any unrest pertaining to the film's release, it declined to pass any orders directing the Censor Board to immediately issue the Censor Certificate on grounds of judicial propriety.
Justice Colabawalla and Justice Pooniwalla noted that on September 3, the Madhya Pradesh High Court had already ordered the CBFC to take a decision on the objections by the Jabalpur Sikh Sangat before certifying the film, and refused to pass any directions that could breach the MP court's directive.
Accordingly, declining the petitioner's plea to direct the CBFC to issue the certificate, it ordered the Censor Board to consider any objections by September 18, stalling the film's release.
The plea was filed by Zee Studios, the co-producer of the film "Emergency", citing a CBFC email of August 29 to the producer, Manikarnika Films, owned by Ranaut, informing them about the "successful certification" of "Emergency" but when they went to pick up the certificate they were not handed it over. Opposing the arguments, the CBFC counsel Abhinav Chandrachud said the email was a 'system-generated' communication and the Censor Certificate is issued only after it is signed by the Board Chairman.
Zee Studios Senior Counsel Venkatesh Dhond argued that, citing unrest against the film, the CBFC had withheld the certificate, and that it had nothing to do with the law-and-order situation.
He further contended that some groups had raised objections to the film merely after viewing the trailer of the film, to which the court concurred.
Justice Colabawalla wondered how such groups learn that the film is offensive to some communities without even watching it and reiterated that the CBFC had no powers to go into matters of unrest, representations, etc.
Moreover, the Supreme Court has also passed an order saying that just because of some law-and-order situation, a film's release cannot be stalled.
The court observed that after such emails are issued by the CBFC, they could not accept its counsel Chandrachud's submissions that the Censor Certificate cannot be issued without the Chairman's signature.
The judges also directed the CBFC to comply with the MP HC's orders on the representations by September 18, asking them not to delay its decision further as films are usually released on Fridays and huge amounts of money is invested.
Based on India's Emergency period (1975-1977), the film "Emergency" is co-produced, written and directed by Ranaut, in which she has played the then Prime Minister Indira Gandhi, and others starring in the movie include Shreyas Talpade, Milind Soman, Mahim Chaudhary, Anupam Kher, Satish Kaushik, Vishak Nair, plus others, and the screenplay by Ritesh Shah.