Bombay HC demands verdict on Kangana's 'Emergency' by September 25
The Bombay High Court has directed the Central Board of Film Certification (CBFC) to make a decision regarding the certification of the Kangana Ranaut-starrer controversial film Emergency by September 25. The court was hearing a plea by ZEE Entertainment Enterprises Ltd against the CBFC for allegedly withholding the certification for the film. The court expressed concern over the delay in releasing the certificate.
'Delay in releasing certificate must stop'
A division bench of Justices Colabawalla and Pooniwalla stated that the delay in releasing the certificate must stop as it curtails freedom of expression. The bench also noted that the longer the film takes to get released, there will be a "huge" financial burden on the producers. "You (CBFC) must have the courage to say that film will not be released...We don't want CBFC to sit on the fence. Take a decision one way or the other by September 25."
CBFC's revising committee to ascertain factual accuracy of scenes
Advocate Abhinav Chandrachud, representing the CBFC, submitted that the decision was not taken by the board as the matter was referred to its revising committee. He added that in some scenes of the movie, a person who is a polarizing figure of a specific religious persuasion is seen "cutting a deal" with political parties. The CBFC's revising committee has to ascertain its factual accuracy.
'Does CBFC think public is naive and stupid?'
Responding to Chandrachud's submission, the bench remarked, "This is not a documentary...Does CBFC think that the public...is so naive and stupid that they believe in whatever they see? What about creative freedom?" The bench further noted that there are over 300M internet users in the country. It also referred to a Supreme Court judgment which states that if there is a law and order problem, it is for the authorities to take care of it and not for CBFC.
'Delay in releasing certificate due to elections in Haryana'
The bench also questioned the "political angle" as contended by the petitioner for the delay in releasing the certificate due to elections in Haryana. Senior Advocate Venkatesh Dhond—representing ZEE—submitted, "They (ruling party) are willing to displease the sitting MP (Ranaut who is a co-producer) to appease a particular section of society... Here is a film which is anti-Sikh as per some groups." "Then who will be responsible for releasing an anti-Sikh movie? It will be CBFC, which is executive."
