Bombay HC tells CBFC to take decision on release of Kangana Ranaut’s ‘Emergency’ by September 25

The High Court was hearing a plea by Zee Entertainment Enterprises Ltd which alleged that the CBFC was “illegally” and “arbitrarily” withholding certification for Emergency, directed and co-produced by BJP MP Ranaut who also plays the role of former prime minister Indira Gandhi.

The court said the delay in releasing the certification has to stop as this is curtailing the freedom of expression and creative freedom. The longer the film takes to get released, the greater will be the financial burden on the producers, it said.

“You (CBFC) must have the courage to say that this film will not be released. We will appreciate and examine the stand. We do not want CBFC to sit on the fence. Take a decision one way or the other by September 25,” the bench said.

The court also questioned the petitioner’s contention of a “political angle” — that the Haryana elections were the reason for the delay in the release of the certification.

Senior Advocate Venkatesh Dhond, representing Zee Entertainment, submitted: “They (ruling party) are willing to displease the sitting MP (Ranaut who is a co-producer) to appease a particular section of the 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. So, some members of the community will say we will not vote for the ruling party in the coming Haryana elections.”

After the court pointed out that the co-producer, Raunaut, is an MP from the ruling BJP, Dhond responded: “There are larger interests of the political party.”

“You mean to say the political party is ruling against its own member of Parliament?” the bench asked, to which Dhond responded in the affirmative and sought an urgent decision.

Ranaut represents Mandi in Lok Sabha.

Advocate Abhinav Chandrachud, representing the CBFC, said that the matter was with the board’s revising committee. He said the committee has to ascertain the factual accuracy of scenes depicting a certain person “cutting a deal” with political parties.

But Justice Colabawalla remarked: “This is not a documentary… Does CBFC think that the public in the country is so naive and stupid that they believe in whatever they see? What about creative freedom? There is a judgement of the Supreme Court by CJI D Y Chandrachud which says that if there is a law and order problem, it is for the authorities to take care of it and not for CBFC to conclude that it will not certify the film due to law and order situation. This is an apprehension based on representations received. They can put a disclaimer maybe. This (delay) has to stop otherwise we are completely curtailing freedom of expression.”

The bench said that the CBFC had not complied with its earlier order for a decision by September 18 and was “passing the buck” to the revising committee. In the September 4 ruling, the High Court said it was unable to pass directions to CBFC to release Emergency’s certification due to a Madhya Pradesh High Court order on a plea by Sikh groups.