Creative freedom can't be curtailed for fear of public disorder: HC on 'Emergency'

The Bombay High Court on Thursday, 19 September said creative freedom and the freedom of expression cannot be curtailed and the censor board cannot refuse to certify a film just because there is apprehension of a law and order problem.

A division bench of justices B.P. Colabawalla and Firdosh Pooniwalla expressed its displeasure with the Central Board of Film Certification (CBFC) for not taking a decision on the issuance of a certificate to the Kangana Ranaut-starrer Emergency, and ordered for the decision to be taken by 25 September.

It asked if the CBFC thinks the people of this country are "naive enough to believe everything that is shown in a movie".

On the petitioner's claim that the CBFC was delaying issuance of certificate to the movie owing to political reasons, the HC noted that the film's co-producer Ranaut was herself a sitting BJP parliamentarian and questioned if the ruling party was acting against its own MP.

Ranaut, who has directed and co-produced the film besides playing the lead role of former prime minister late Indira Gandhi, earlier this week accused the CBFC of stalling certification to delay the release.

The bench said, "You (CBFC) have to take a decision one way or the other. You must have the courage to say this film cannot be released. At least then we will appreciate your courage and boldness. We don't want the CBFC to sit on the fence."

The court was hearing a petition filed by Zee Entertainment Enterprises, seeking a direction to the CBFC to issue a certificate for the film Emergency.

The biographical drama, earlier scheduled for release on 6 September, was caught up in controversy after Sikh organisations including the Shiromani Akali Dal objected, accusing the film of misrepresenting the community and getting historical facts wrong.

The HC earlier this month refused to grant any urgent relief by directing the censor board to certify the movie immediately, saying it couldn't grant any urgent relief at this stage in the wake of a directive issued by the Madhya Pradesh HC asking the censor board to consider objections to the movie before certifying it.

The bench had then directed the censor board to take its decision on issuance of the certificate to the film by 18 September.

On Thursday, senior counsel Abhinav Chandrachud, appearing for the CBFC, told the court that the board's chairman has referred the movie to the revising committee for a final decision. Chandrachud also said there was an element of apprehension of public disorder.

Senior counsel Venkatesh Dhond, appearing for Zee Entertainment, said this was done just to buy time and ensure the film does not release before October, when elections are to be held in Haryana.

The bench noted the CBFC had not complied with its earlier order and had simply passed the buck from one department to another.

The HC said the entire exercise by the censor board had to be completed by 18 September. It was not for the CBFC to come to a conclusion that there may be a law and order problem and hence a movie cannot be certified, it said.

"This has to stop. Otherwise we are completely curtailing creative freedom and freedom of expression by doing all this," the HC said. "Does the CBFC think the public in this country is so naive and stupid to believe everything they see in films? What about creative freedom?"

The court also wondered as to why people have become so sensitive towards what is being shown in movies. "We don't see why people are so sensitive. My community (Parsis) is made fun of all the time in movies. We don't say anything. We just laugh and move on," justice Colabawalla said in a lighter vein.

While Chandrachud sought two weeks time, the court said the decision has to be taken by 25 September.

Dhond argued the movie was not being issued a certificate due to political reasons. The bench, while questioning the political angle, asked if the petitioner was claiming the ruling party was itself against Ranaut, who is the co-producer of the film and also BJP Lok Sabha member.

"The co-producer herself is a BJP MP. She is also part of the ruling party. So you are saying her own party is against its member?" the court asked. Dhond claimed the ruling party was willing to displease a sitting parliamentarian just to appease a particular section of society.

Zee Entertainment in its plea claimed the CBFC had already made the certificate for the movie but was not issuing it.