The Bombay High Court on Thursday (September 19) expressed displeasure over the Central Board of Film Certification (CBFC) sitting “over the fence” in issuing certification to the Kangana Ranaut-starrer “Emergency” and asked the censor board to take a decision by September 25.
Noting that creative freedom and freedom of expression cannot be curtailed, the court said that the censor board cannot refuse to certify a film just over the apprehension of law and order problems. It questioned whether the CBFC thought that people of this country are so naïve to believe everything that is shown in a movie.
The HC was hearing a petition filed by Zee Entertainment Enterprises seeking direction to the CBFC to issue a certificate for the film “Emergency”.
“You (CBFC) have to take a decision one way or the other. You must have the courage to say this film cannot be released. At least then we will appreciate your courage and boldness. We don't want the CBFC to sit on the fence,” a bench of Justices B P Colabawalla and Firdosh Pooniwalla said.
The movie was slated to release on September 6. However, the release was delayed following opposition by Sikh organisations including the Shiromani Akali Dal accusing that the movie was misrepresenting the community and getting historical facts wrong. The HC, on September 4, refused to grant urgent relief and directed the CBFC to consider the objections by the Sikh community and then issue certification by September 18.
CBFC counsel Abhinav Chandrachud informed the bench that the board's chairman has referred the movie to the revising committee for final decision. He added that there was an element of apprehension of public disorder.
However, Zee’s counsel, Venkatesh Dhond contended that this was done to ensure that the movie is not released before October, when the elections are to be held in Haryana.
Irked by the fact that the CBFC had failed to comply with its earlier order and simply passed the buck from one department to another, the HC said that the censor board cannot conclude that there would be a law and order problem and hence refuse to certify the movie. “This has to stop. Otherwise we are completely curtailing creative freedom and freedom of expression by doing all this… Does the CBFC think the public in this country are so naïve and stupid to believe everything they see in films? What about creative freedom?” the bench asked.
The judges wondered why people had become sensitive to what was being shown in movies. “We don't see why people are so sensitive. My community is made fun of all the time in movies. We don't say anything. We just laugh and move on,” Justice Colabawalla said on a lighter note.
Dhond submitted that the movie’s release was being delayed due to political reasons. Questioning the political angle, the bench asked if the petitioner claimed that the ruling party was against Ranaut, who is not just the co-producer of the movie but also a sitting BJP Member of Parliament.
However, Dhond said that the ruling party was willing to displease a sitting parliamentarian just to appease a particular section of society.
The HC has asked the CBFC to take a decision by September 25 and communicate the same to the filmmakers.
