The Bombay High Court has declined to issue a directive for the Central Board of Film Certification (CBFC) to release the certification copy of Kangana Ranaut’s film Emergency to its producers. This decision comes amidst ongoing legal proceedings and objections raised by Sikh groups against the film.
Context of the Case
The dispute centers on the film Emergency, directed by and starring Kangana Ranaut. The film, which was slated for release on September 6, has encountered delays due to certification issues. Zee Entertainment Enterprises Ltd, the co-producer of the film, approached the Bombay High Court alleging that the CBFC was unlawfully withholding the certification necessary for the film’s release.
Court’s Ruling and Justifications
On Wednesday, the Bombay High Court, led by Justices B.P. Colabawalla and Firdosh P. Pooniwalla, ruled that it could not direct the CBFC to release the certification at this stage , The Indian Express reported. The decision came in light of an order from the Madhya Pradesh High Court dated September 3. This order instructed Sikh groups who had objected to the film to submit their concerns to the CBFC and mandated that the CBFC address these objections promptly, as per The Indian Express report.
Justice Colabawalla explained that issuing a directive to the CBFC without considering the objections would effectively breach the Madhya Pradesh High Court’s order. The bench emphasized the importance of judicial propriety and the need to respect the directions of another court. “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,” the court remarked.
Details of the Certification Dispute
According to the petitioners, Manikarnika Films, Kangana Ranaut’s production company, had applied for certification on July 8 through the E-Cinepramaan portal. The CBFC informed them of a screening on August 4 and subsequently granted a U/A certificate subject to modifications on August 8. After submitting the required modifications on August 14, the producers received an email on August 29 stating that the certificate was ready for collection. However, when they visited the CBFC office to collect the signed certificate, it was not handed over.
The producers argue that the CBFC’s action to withhold the certificate is unjustified. Senior advocate Venkatesh Dhond, representing Zee Entertainment, contended that the Cinematograph Act provides legal remedies for those aggrieved by the film, and there should be no reason for the CBFC to withhold the certificate once it was issued, The Indian Express report stated.
CBFC’s Stance and Procedural Issues
Advocate Abhinav Chandrachud, representing the CBFC, opposed the plea, arguing that the certificate is not considered officially issued until signed by the CBFC chairperson. He explained that the certification process was still ongoing due to the comprehensive representations received from Sikh groups, as directed by the Madhya Pradesh High Court.
The Bombay High Court acknowledged that the chairperson’s signature is required for the certificate to be deemed officially issued. The bench reiterated that it was bound by the order from the Madhya Pradesh High Court to consider all objections before proceeding with any directives.