Bombay HC refuses to direct CBFC to release certification copy to Kangana Ranaut’s ‘Emergency’ producers at present

The court was hearing a plea by Zee Entertainment Enterprises Ltd against the CBFC for allegedly illegally and arbitrarily withholding the certificate granted to the film scheduled to be released on September 6.

“If we were to direct CBFC to release the certificate without considering objections, we would effectively be directing CBFC to breach the order of another HC. Judicial propriety demands such a course should always be avoided. Considering these circumstances, we are of the view, as on date, we are unable to direct CBFC to release the certificate as sought for by the petitioner (Zee Entertainment) in the present petition at this stage,” the bench noted in its order.

“If it is (release of film) delayed by one week, it is not going to make any difference. We are faced by MP HC order,” the court orally remarked.

“There is something else going on behind the scenes here and we do not want to get into that… If the MP HC order was not there, we would have directed to release the certificate today itself,” it added.

As per the petitioners, on July 8, the co-producer, Ranaut’s Manikarnika Films, had submitted an application to the CBFC for certification for public exhibition on the E-Cinepramaan portal and on August 1, it was informed about the August 4 screening of the film.

On August 8, the Board wrote to the co-producer that the film was suitable for unrestricted public exhibition and a U/A certificate was granted subject to modifications being carried out.

On August 14, the movie with modifications and cuts as required by CBFC was submitted and thereafter at 4.16 pm on August 29, the co-producer received an email from CBFC stating that the CD of the movie was successfully sealed and requested the producers to collect a certificate from the CBFC office.

A minute later, another email was received by the co-producers stating that the certificate was successfully generated along with the certification number. However, when the producers went to the CBFC office to collect the signed certificate to be displayed before the movie in the theatres, the same was not handed over.

The court noted it was based on the objections raised by certain groups from Sikh community opposing the movie. Due to no response to the legal notice by the petitioner to the CBFC for handing over the certificate, they approached Bombay HC.

Senior advocate Venkatesh Dhond for Zee Entertainment submitted that there was no reason for CBFC to withhold the certificate already issued. He said as per the Cinematograph Act, people aggrieved by the movie have legal remedies available and the law.

Advocate Abhinav Chandrachud for the CBFC opposed the plea and submitted that the certificate is not considered issued until it is signed by its chairperson, therefore, the email-generated certificate would make no difference.
He said that the certification process is ongoing in view of comprehensive representations received from certain groups as directed by the Madhya Pradesh High Court.

However, the bench noted that the chairperson was required to sign the certificate and issue the same to the producers.

The bench said it was constrained to pass an order as it had to honour the Madhya Pradesh High Court’s direction to consider objections to the film.

The Bombay High Court will hear the plea next on September 19.