Today(19th Sept), The Bombay High Court stressed that creative freedom cannot be limited by potential law and order concerns, criticizing the CBFC for delaying certification of Kangana Ranaut’s film “Emergency.” The court has mandated that the CBFC make a decision by September 25.
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MUMBAI: Today(19th Sept), the Bombay High Court emphasized that creative freedom and freedom of expression cannot be restricted due to fears of potential law and order issues. The court strongly criticized the Central Board of Film Certification (CBFC) for its delay in issuing a certification for the film “Emergency”, a political drama starring and co-produced by Kangana Ranaut.
A division bench of Justices B P Colabawalla and Firdosh Pooniwalla expressed their dissatisfaction with the CBFC’s indecision on certifying the film. The court set a deadline for the CBFC to finalize its decision by September 25.
The judges also raised a pointed question:
“Does the CBFC assume that the public is so naive and gullible as to believe everything portrayed in films? What about the importance of creative freedom?”
The CBFC’s hesitation to issue a certificate was allegedly due to concerns over law and order disturbances, particularly after objections raised by Sikh organizations, including the Shiromani Akali Dal, which accused the film of misrepresenting the Sikh community and historical events. The film, originally slated for release on September 6, remains embroiled in controversy.
Justice Colabawalla, in response to the CBFC’s concerns, remarked-
“This must end, or we risk entirely stifling creative freedom and freedom of expression with these actions.”
The petitioner, Zee Entertainment Enterprises, brought the case to the court, seeking an order to compel the CBFC to issue a certificate for “Emergency”. Kangana Ranaut, the lead actress and co-producer, accused the board of intentionally delaying certification due to political reasons, alleging a deliberate move to hinder the release of the film before the Haryana elections.
During the hearing, senior counsel Venkatesh Dhond, representing Zee Entertainment, argued that the delay was politically motivated, stating that it was an attempt to –
“buy time and ensure the movie does not release before October, when elections are to be held in Haryana.”
The court also questioned the logic of such political interference, considering Ranaut’s role as a BJP Lok Sabha member.
“Are you suggesting that the ruling party is opposed to one of its own members, given that the co-producer is a BJP MP and part of the party?”
-asked the bench.
Dhond responded by suggesting that the ruling party was prepared to “displease a sitting parliamentarian just to appease a particular section of society.”
The CBFC’s legal representative, senior counsel Abhinav Chandrachud, informed the court that the board had referred the film to the revising committee for a final decision. Chandrachud stated that the decision had been postponed due to concerns about potential public disorder. However, the bench expressed frustration, stating that the CBFC was merely passing responsibility between departments without making any progress.
“You (CBFC) need to make a decision, one way or the other. Have the courage to say if this film cannot be released. At least then, we would respect your boldness. We don’t want the CBFC to remain indecisive.”
-the bench stated.
Throughout the proceedings, the court addressed the increasing sensitivity surrounding films in India, questioning why certain sections of the population are easily offended by what is depicted on screen. Justice Colabawalla noted-
“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,”
he said, speaking in a lighter vein.
The court was critical of the CBFC’s failure to comply with its earlier directive to make a decision by September 18, with the delay extending the certification process beyond the intended timeline.
