In a major setback to the makers of Kangana Ranuat’s film ‘Emergency’, the Bombay High Court on Wednesday refused to direct the Central Board of Film Certification (CBFC) to issue a certificate to the film. The High Court’s decision was based on the Madhya Pradesh High Court’s order on September 3, 2024, which had asked the CBFC to decide on the representations made by the Jabalpur Sikh Sangat, the petitioners in the case, who have objected to the release of the film and its trailer.
The Bombay HC has ordered the CBFC to consider the objections raised by the petitioners and decide by September 18. The matter has been posted for further hearing on September 19.
With this observation from the High Court, the makers of the film will not be able to release it as scheduled on September 6, 2024, and would likely have to wait for another two weeks.
Zee Entertainment Enterprises on Tuesday had moved the Bombay High Court, claiming that despite being informed of the film’s certification on August 29, 2024, the CBFC was yet to provide a formal copy of the certification. The makers of the film also alleged that the CBFC had “illegally and arbitrarily” withheld the certification of the film.
A Division Bench of Justices Burgess P. Colabawalla and Firdosh Pooniwalla said the CBFC had no powers to decide on representations or on any possible unrest resulting from the release of the film.
“There would be no impediment for this court in directing the release certificate issued on August 29, 2024. Though there may be some substances, we are unable to pass any direction because the Madhya Pradesh High Court has specifically directed the CBFC to consider the representations of the Jabalpur Sikh Sangat before certifying the film. If we issue the direction, we would be effectively breaching the Madhya Pradesh Division Bench’s directive. Judicial propriety demands such orders ought not be passed. We, therefore, are unable to direct CBFC to issue the certificate as sought by the petitioner. We, however, do not dispose of the present petition. And we direct the CBFC to consider the objections, if any, at the latest by September 18,” the Bombay HC said.
The Bombay HC also asked the CBFC to be mindful of the fact that a lot of money had been invested in making the film. “Movies are released on Fridays. Crores and crores of amounts are invested. Ensure that you do not delay the decision further,” the court said.
The petition filed by Zee Entertainment Enterprises said that on August 29, the CBFC had sent an e-mail to Manikarnika Films, the production house owned by actor Kangana Ranaut, sitting MP from Mandi, Himachal Pradesh. The e-mail intimated the makers of the successful certification granted to the film. However, when the filmmakers went to collect the certificate, it was denied to them. The petition further claimed that the CBFC had been ready with the certificate earlier but later refused to issue it.
“Citing the unrest against the film, the CBFC has withheld our certificate. Some groups have objected to our film just by seeing the trailer. CBFC is a censor board, and it has nothing to do with the law and order situation. That is for the State to decide and take care of,” advocate Venkatesh Dhond, representing Zee Entertainment Enterprises, said.
Responding to Mr. Dhond, Abhinav Chandrachud, advocate representing the CBFC, argued that the e-mail the filmmakers were talking about was nothing but a ‘system generated‘ e-mail; it did not mean they had been issued a certificate, which was issued only after it was signed by the Chairperson of the CBFC.
“We are with you. How do these groups come to know that the film is offensive to some community without watching the film itself? CBFC has no power to go into the issue of representations, unrest, etc. The Chief Justice of the Bombay High Court has passed an order saying that just because of some law and order situation, a film cannot be stalled from release,” Justice Colabawalla said, taking Mr. Dhond’s submission.
“Once these emails are issued by the CBFC, we are unable to accept the submission of Mr. Chandrachud that the certificate has not yet been issued because it wasn’t signed by the Chairperson. Once the makers comply with the modifications required by the CBFC and the CD [compact disc] with modifications is sealed successfully, we must presume that the CBFC applied its mind and thereafter issued the email to Manikarnika Films that the CD of the film is successfully sealed. A subsequent e-mail has been sent informing the makers that the certificate has been generated successfully,” the Bench said.
“We know that there is something else happening behind. We don’t want to comment on it. The CBFC shall consider the objections and decide by September 18,” the Bench observed.
Zee Entertainment Enterprises in their plea filed on Tuesday contended that without certification, the film could not be screened in theatres. This hurdle would cost the entire film team and people associated with the film irreparable harm, the plea said. It also violated their fundamental right to free speech and right to carry on their profession under Articles 19(1)(a) and 19(1)(g).
Emergency, a biographical political drama, explores the significant historical period of the declaration of national Emergency in India in 1975. The film’s trailer was released on August 14, and gained over 300,000 views on YouTube. Soon after the trailer’s release, public interest litigations were filed in the High Courts of Madhya Pradesh and Punjab, seeking a halt on the film’s release, and alleging that the film misrepresented the Sikh community.
