Bombay High Court Declines To Order Certification Of 'Emergency' Movie, Cites Judicial Propriety Amidst Ongoing Proceedings Before MP HC

The Bombay High Court on Wednesday ordered the Central Board of Film Certification (CBFC) to decide by September 18, the representations, if any made by the Jabalpur Sikh Sangat or any other group or individual, objecting to the release of the controversial film Emergency.

A division bench of Justices Burgess Colabawalla and Firdosh Pooniwalla opined that the CBFC has no powers to get into the issue of deciding representations or any unrest to the release of the film, however, it refused to pass any direction to the CBFC for immediate issuance of the certification citing "judicial propriety."

The judges pointed out that the Madhya Pradesh High Court by an order passed on September 3 had already ordered the CBFC to decide the representations of the Jabalpur Sikh Sangat before certifying the film.

"We are unable to pass any direction in light of the fact that the Madhya Pradesh High Court has specifically directed the CBFC to consider the representations of the Jabalpur Sikh Sangat before certifying the film. If we were to direct the CBFC to issue the certificate, we would breach the division bench's directive. 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, latest by September 18," the bench recorded in the order.

The bench was hearing a plea filed by Zee Studios, the co-producer of the film Emergency, which stars Kangana Ranaut, the sitting Member of Parliament (MP) from Mandi, Himachal Pradesh.

As per the plea, the CBFC had on August 29 sent an email to Manikarnika Films, the production house owned by Ranaut and also the producer of the instant film. In the said email, the makers were intimated about the "successful certification" of the film, however, when they went to collect the certificate, they were denied the same.

"Citing the unrest against the film the CBFC has withheld our certificate. Some groups have objected to our film just by seeing the Trialer. CBFC is a censor board and it has nothing to do with the law and order situation. That is for the State to decide and take care of," senior counsel Venkatesh Dhond, representing the Zee Studios, argued.

Agreeing with the submission, Justice Colabwalla said, "See Mr Dhond, we are with you. How do these groups come to know that the film is offensive to some community without watching the film itself. I speak for myself (J Colabawalla) CBFC has no power to go into the issue of representations, unrest etc. Our CJI has passed an order saying that just because of some law and order situation, a film cannot be stalled from release."

Countering the contentions of the makers, CBFC counsel Dr Abhinav Chandrachud argued that the email, on which, the makers have relied was a "system-generated" one and that a certificate is only issued after it is signed by the chairman of the board.

"Once these emails are issued by the CBFC, we are unable to accept the submission of Dr Chandrachud that the certificate has not yet been issued because it wasn't signed by the chairperson. Once the makers comply with the modifications required by the CBFC and the CD with modifications is sealed successfully, we have to presumed that the CBFC applied its mind and thereafter issued the email to Manikarnika that the CD of the film is successfully sealed. A subsequent email has been sent informing makers that the certificate has been generated successfully," the bench said.

The judges, therefore, ordered the CBFC to comply with the Madhya Pradesh High Court order and decide the representations if any by September 18.

"Movies are released on Fridays. Crores and crores of amounts are invested. Ensure that you do not delay the decision further," the bench remarked.

Zee Entertainment Enterprises Limited vs Central Board of Film Certification (CBFC).