Bombay HC sets deadline for CBFC to make final call on Kangana Ranaut's Emergency: “It's not for CBFC to decide whether…”

The Bombay High Court has instructed the Central Board of Film Certification (CBFC) to make a final decision by Wednesday regarding the release of Kangana Ranaut's film Emergency. The film, co-produced by Zee Entertainment Enterprises, has faced delays after Sikh organizations raised objections, alleging that it misrepresents their community. This move comes at a critical time as the producers await the censor certificate to allow the film to hit theatres.

Bombay HC sets deadline for CBFC to make final call on Kangana Ranaut’s Emergency: “It’s not for CBFC to decide whether…”

Creative Freedom and Censorship Debates Take Centre-stage

Justice BP Colabawalla and Justice Firdosh Pooniwalla, who heard the case, emphasized the importance of creative freedom and questioned whether the CBFC's role was to safeguard public order. Justice Colabawalla noted that Emergency is a work of fiction and not a documentary, stressing that audiences should not be viewed as "naive." He stated, “What about creative freedom? It's not for CBFC to decide whether this affects public order.”

Sensitive Content and Political Implications

The CBFC counsel, Abhinav Chandrachud, explained that the delay was due to concerns over certain scenes, particularly involving a polarising political figure depicted in the film. The Board has been scrutinizing whether these scenes are factually accurate, citing concerns that they may spark controversy. In response, the High Court criticized the CBFC for its indecision, saying, “There was enough time given to decide on either giving a certificate or rejecting it.”

Zee’s counsel, Venkatesh Dhond, hinted that political considerations might be delaying the certification, specifically referencing the potential impact on upcoming elections in Haryana. However, the CBFC countered that Punjab, not Haryana, was the state in question.

Financial Stakes and Legal Precedents

The film, starring Kangana Ranaut as Indira Gandhi and also featuring actors Anupam Kher and Shreyas Talpade, explores the Emergency period of 1975. Its release carries substantial financial implications for the producers, as noted by the court. The legal journey has already seen action in the Madhya Pradesh High Court, where a petition against the film was disposed of after the CBFC informed the court that no certificate had been issued at the time.

As the legal battle continues, the Bombay High Court urged the CBFC to take a clear stand on the issue. “Let’s see what the revising committee says. Have the courage to say that the film should not be released,” the court stated, urging a prompt decision.

The fate of Emergency now hangs on the CBFC’s decision, which must be delivered by Wednesday

Also Read: Kangana Ranaut claims film industry is celebrating that her self-financed Emergency didn’t release like Deepika Padukone’s Padmaavat and Alia Bhatt’s Udta Punjab: “The government protected them and they were released”

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