'Central Ruling Party Acting Against Their Own MP?' : Bombay High Court On 'Emergency' Movie Row, Asks CBFC To Decide On Release

In an interesting turn of events, the co-producers of the controversial film "Emergency" on Thursday told the Bombay High Court that the film starring BJP member of parliament (MP) Kangana Ranaut, is being blocked from release at the behest of the BJP itself.

A division bench of Justices Burgess Colabawalla and Firdosh Pooniwalla was informed that the Central Board of Film Certification (CBFC) was acting at the behest of the ruling party (BJP) to protect its "overall interests" as the film is being seen as "Anti-Sikh."

Arguing for the Zee Studios, senior advocate Venkatesh Dhond, submitted that the CBFC was purposely dragging the film's release as it wants the same to be released only after the elections to be held in Haryana in October this year.

"The co-producer (Kangana) is a BJP MP and they (BJP) do not want a film which hurts the sentiments of certain communities by a BJP member," Dhond submitted.

To this, Justice Colabawalla responded, "So you mean to say that it will affect the voting decision of people voting for BJP? Why would someone ruling in a State want to thwart the film made by their own member? Had it been that the State was ruled by some other opposition party, we could have considered it."

Further, Dhond explained the type of objections raised to the film especially by the Sikh community with regards to a "polarised" leader's depiction etc and he also detailed the conduct of the CBFC which has been dragging it's feet from taking a decision on the film's release.

Hearing Dhond, Justice Colabwalla questioned if CBFC was not acting on behalf of the Central government but on behalf of someone else.

Justice Colabawalla, also questioned how people get affected by such depictions in films, "Why do people get affected like this? My community is made fun of, in almost every film. We laugh along and don't consider it is against our community," the judge, who is a Parsi, remarked.

Dhond then blamed the BJP government in the Centre for all the delay to the film's release. "Milords, I can say this that all this is happening at the behest of the ruling party (BJP) in the centre. They are looking at their overall interests and thus don't want this film to be released."

Responding to the submission, Justice Colabawalla quipped, "So that means the central ruling party is acting against its own MP?"

Dhond was quick to respond that the co-producer and MP Ranaut has been asked to "maintain discipline" but eventually the senior counsel said he doesn't want to delve much into this.

During the hearing, the bench was irked to note the submissions of Dr Abhinav Chandrachud, who appeared for the CBFC and submitted that the board is yet to take a final decision on the film's certification and that the chairman has now referred the issue to the "revising committee" of the censor board.

The judges were critical about the board's conduct and questioned how people conclude that a film is against their community even without watching the film.

"This isn't a documentary... Do you think people of our country are so naive that they will believe whatever is shown in the film? What about creative freedom? There are billions of internet users in our country... This issue of objecting release of films needs to stop otherwise what about the creative freedom and the freedom of speech and expression in our country? We are only curtailing creative freedom then," Justice Colabawalla underscored.

The bench while asking the censor board to ultimately decide whether the film will be released or not, latest by September 25, said the board must have courage and come out saying it would not let the film to be released.

"Whatever you want to do, you do but you have to take a decision by September 25. You take a decision. Have the courage to say that the film should not be released. We will appreciate the stand of the CBFC. Don't be a fence sitter. We will decide the issue even if you say that the film should not be released. Have that courage to say that the film should not be released," Justice Colabawalla underlined, while adjourning the matter for further hearing.