Bombay High Court Allows Release Of Film 'Hamare Baarah' After Makers Agree To Delete Certain Controversial Dialogues

The Bombay High Court on Friday allowed the release of the film Hamare Baarah after the makers agreed to delete certain controversial dialogues.

A vacation bench of Justice Kamal Khata and Justice Rajesh S Patil was dealing with a writ petition against the Central Board of Film Certification (CBFC) seeking to revoke the certification granted to the film and thereby injunct it from being released.

“We are of the view that if an individual such as in this Petition is permitted to stall the release of movies which have been duly certified by the CBFC it would encourage holding film producers to ransom,” the court said.

Another vacation bench had on Wednesday stayed the release of the film, originally scheduled on June 7, 2024, till June 14, 2024. However, the HC allowed the release after the makers agreed to delete certain dialogues that the petitioner had claimed are derogatory.

The petition, filed by one Azhar Basha Tamboli, alleges that the film is in complete contravention of the provisions of the Cinematograph Act, 1952, and the rules and guidelines associated with it. The petition further claims that the film is derogatory to the Islamic faith and married Muslim women in India.

The court considered the comments of a panel formed by the Central Board of Film Certification (CBFC) and pass further necessary orders. The panel was tasked with providing an unbiased opinion on the film as per the provisions of the Cinematography (Certification) Rules, 2024.

Advocate Advait Sethna for CBFC submitted the report of the committee. However, the court expressed disappointment with the committee's report, stating that it did not fulfil the purpose for which it was formed.

The court noted that instead of providing comments, the committee requested an extension of time to submit its response, citing the need for in-depth analysis and consultation with experts. The court expressed its dissatisfaction with this request, emphasizing that the committee had failed to fulfil its obligations as per the court's instructions.

Senior Advocate Rahul Narichania for the makers informed the court that the makers were willing to delete certain dialogues from the film to prevent any substantial loss due to a delay in the film's release. These dialogues were deemed controversial by the petitioners. Narichania clarified that the deletions were being made without prejudice to the rights and contentions of the makers.

Sethna, however, pointed out that as per the Cinematograph (Certification) Rules, the CBFC would need to grant fresh certification if any deletions were made. He argued that the exhibition of the film could not be permitted until the certification process was completed.

The court concluded that prohibiting the exhibition of the film, which had already been certified by the CBFC, would severely prejudice the makers. The court cited previous judgments and held that allowing an individual to stall the release of a certified film would encourage holding film producers to ransom.

In light of this, the court recorded that from June 8, 2024 onwards, all shows of the film would exhibit the new version with the deleted portions. The court directed the makers to make an application to the CBFC Delhi for reissuance of the certificate.

The court instructed the CBFC to reissue the certificate.

The court clarified that the deletion of dialogues was being done voluntarily by the makers and was not under the court's orders. It also stated that this order should not be considered as a precedent for any other matter.

The court listed the matter for further hearing on June 13, 2024.

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