No Relief For Kangana Ranaut's 'Emergency' As Bombay HC Refuses To Direct Censor Board To Issue Certificate

The Bombay High Court refused to provide any relief to Kangana Ranaut's film 'Emergency', which has been embroiled in controversy due to opposition from Sikh organisations.

The court stated that directing the Central Board of Film Certification (CBFC) to issue a certificate for the movie would go against an order issued by the Madhya Pradesh High Court.

The movie, which is co-produced by Kangana Ranaut's Manikarnika Films and Zee Studios, was set for a 6 September release.

Zee Entertainment Enterprises had moved the Bombay High Court, requesting that the Censor Board be directed to issue a certificate to enable the film’s release.

However, the setback in the Bombay High Court has delayed the film’s release.

The film, which depicts the Emergency imposed vy Indira Gandhi government in 1975, faced objections from the Shiromani Gurdwara Parbandhak Committee, the top Sikh religious body, which alleged that it misrepresents Sikhs and sought a ban.

Ranaut later said the Censor Board had put on hold the certificate issued to her film.

A Public Interest Litigation (PIL) against the film was filed by two Sikh organisations in the Madhya Pradesh High Court on Monday (2 September).

In its response, the Censor Board informed the court that a certification for the movie had not been issued.

Advocate Abhinav Chandrachud, appearing for CBFC, submitted on Wednesday (4 September) that the Madhya Pradesh High Court had asked the Board to consider the objections raised against the movie before granting the censor certificate. 

Arguing the matter in court, Zee's counsel, Senior Advocate Venkatesh Dhond, told the bench of Justice BP Colabawalla and Justice Firdosh Pooniwalla that CBFC informed Manikarnika Films on 8 August that film is suitable for unrestricted public exhibition, subject to some modifications.

On 14 August, he said, the film's makers submitted the film to CBFC with the modifications.

On 29 August, Manikarnika received an email from CBFC stating that the CD is sealed and requested Kangana Ranaut to collect the certificate.

But later, the certificate was not handed over, apparently following the opposition from Sikh communities.

“CBFC should say that it has issued the certificate and it is for law and enforcement machinery to deal with unrest or protest and the Board has done its job. They cannot say now that there might be unrest and we will rethink the certification.  The MP High Court order does not come in way of Bombay HC deciding the issue," Dhond said.

CBFC counsel Abhinav Chandrachud said the certificate is not issued until it is signed by the Censor Board's chairperson.

He also pointed out that the Bombay High Court cannot ask CBFC to issue the certificate as it would be in breach of the Madhya Pradesh High Court order.

The court rejected CBFC's contention that the certificate had not been issued yet.

"Once the makers comply with the modifications required by the CBFC and the CD with modifications is sealed successfully, we have to presume that the CBFC applied its mind and thereafter issued the email to Manikarnika that the CD of the film is successfully sealed," the bench said.

The court, however, said that the Madhya Pradesh High Court's order was based on the Centre's submission that the film isn't certified yet and that it is under examination.

The court refused to provide relief to the filmmakers, stating that it could not issue such a directive due to the Madhya Pradesh High Court’s specific instruction to the CBFC to review the objections raised by the Jabalpur Sikh Sangat before certifying the movie.

"If we were to direct the CBFC to issue the certificate, we would have breached the division bench's directive," the court said.

"Judicial Propriety demands such orders ought not be passed. We therefore, are unable to direct the 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," the court said.

The bench asked CBFC to decide the representations before the next hearing on 19 September.

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