The Bengal Files is not being screened in West Bengal despite no official ban. Calcutta High Court seeks the State’s response, highlighting citizens’ right to view CBFC-certified films.
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Kolkata: The Calcutta High Court on Tuesday took up a Public Interest Litigation (PIL) regarding the non-screening of the film The Bengal Files in West Bengal, despite there being no official ban issued by the State Government. The case has raised widespread debate about censorship, citizens’ rights, and the responsibilities of the State in safeguarding artistic expression.
Court Proceedings Delayed
The matter was scheduled for two hearings during the day, with the first call delayed due to severe waterlogging in Kolkata caused by overnight rains. The second hearing proceeded as planned, where the Bench, comprising Justice Sujoy Pal and Justice Smita Das De, listened to the arguments from the petitioners.
Petitioners Argue for Protection and Free Screening
The petitioners, represented by Advocates Shoumendu Mukherji, Nikunj Berlia, Megha Sharma, Aniruddha Ghosh, and Urvashi, contended that the State has a constitutional duty to ensure that theatre owners and audiences can safely exhibit and watch CBFC-certified films. The PIL relied on a public statement by the film’s director, Vivek Agnihotri, alleging intimidation of cinema hall owners, despite the nationwide release of The Bengal Files on September 5.
When questioned, the State Counsel admitted having no information about whether the movie had been screened anywhere in West Bengal. The Court subsequently directed the State to obtain proper instructions and fixed the next hearing for September 26, emphasizing that such matters cannot be delayed given the time-sensitive nature of film releases.
The PIL
The PIL, filed by Sayan Kansabanik, a resident of Nadia, West Bengal, argues that the non-release of the film in the absence of an official ban amounts to an illegal and arbitrary restriction, violating fundamental rights under Articles 14, 19, and 21 of the Constitution.
The petition emphasizes that:
- Citizens have a fundamental right to view lawfully certified films.
- The CBFC has cleared The Bengal Files, which is being screened in theatres nationwide.
- The non-release in West Bengal constitutes an unjustified suppression of artistic expression.
- Supreme Court precedents make it clear that certified films are entitled to free and unobstructed exhibition.
- Law-and-order concerns cannot justify blocking the release; instead, the State must maintain law and order and protect filmmakers, theatre owners, and audiences.
The petitioners argue that the West Bengal Government cannot take extra-constitutional measures to prevent the release of a film. Instead, it is constitutionally obligated to ensure the safety of theatres and citizens who wish to watch the movie. The PIL seeks directions to the State to allow the screening of The Bengal Files without delay, thereby upholding citizens’ constitutional rights under Part III of the Constitution.
Case Title:
Sayan Kansabanik v. State of West Bengal
