Mumbai: On Thursday, the Bombay High Court stressed on the importance of creative freedom and expression, stating that the censor board cannot deny certification for a film merely due to fears of potential law and order issues.
A division bench, comprising Justices B P Colabawalla and Firdosh Pooniwalla, expressed dissatisfaction with the Central Board of Film Certification (CBFC) for its delay in certifying Kangana Ranaut's film Emergency. The court directed the board to make a decision by September 25. They questioned whether the CBFC believed that the citizens of this country are so naive as to accept everything shown in films uncritically.
The court also addressed the petitioner's claims that the delay in certification was politically motivated, noting that Ranaut is a sitting BJP parliamentarian. They raised the question of whether the ruling party would act against its own member. Ranaut, who directed and co-produced the film while portraying former Prime Minister Indira Gandhi, had accused the CBFC of stalling the certification to postpone the film's release.
"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," the bench remarked.
The case arose from a petition filed by Zee Entertainment Enterprises, requesting the court to direct the CBFC to issue a certificate for Emergency. Originally set for release on September 6, the film has faced controversy, particularly from Sikh outfits like the Shiromani Akali Dal, which accused it of misrepresenting the community and historical facts.
Earlier in the month, the court had declined to provide urgent relief by instructing the CBFC to certify the film immediately, citing a prior directive from the Madhya Pradesh High Court that required the board to consider objections before granting certification.
On Thursday, senior counsel Abhinav Chandrachud, representing the CBFC, informed the court that the film had been referred to the revising committee for a final decision, citing concerns about public disorder. In response, senior counsel Venkatesh Dhond, representing Zee Entertainment, argued that this was merely a tactic to delay the release until after the upcoming Haryana elections in October.
The bench pointed out that the CBFC had failed to comply with its earlier order and had been shifting responsibility among departments. They insisted that the board's review must conclude by September 18 and stated that it is not the CBFC's role to assume that a law and order problem would arise from a film.
"This has to stop. Otherwise we are completely curtailing creative freedom and freedom of expression by doing all this," the HC stated. They further questioned why the public was becoming increasingly sensitive to film content. "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 added light-heartedly.
While Chandrachud sought a two-week extension, the court remained firm that a decision was needed by September 25. Dhond argued that political motivations were hindering the certification process, prompting the bench to question whether the ruling party was indeed opposing a member of its own ranks, given that Ranaut is a co-producer and a BJP MP.
"The co-producer herself is a BJP MP. She is also part of the ruling party. So you are saying her own party is against its member?" the court inquired. Dhond claimed that the ruling party was willing to offend a sitting parliamentarian to appease specific societal segments. Zee Entertainment’s plea alleged that the CBFC had already prepared the certificate but was withholding its issuance.
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