Bombay High Court Directs CBFC to Decide on “Emergency” by Wednesday, CBFC Seeks More Time
Manas Dasgupta
NEW DELHI, Sept 19: The BJP government at the centre is claimed to have turned against its own party Member of Parliament Kangana Ranaut and has directed the Central Board of Film Certification (CBFC) not to clear the release of her all-important “Emergency” film at least till the elections to the Haryana state Assembly was over.
A submission to this effect was made before the Bombay High Court on Thursday by the advocate of the co-producer of the film Zee Entertainment Enterprises Venkatesh Dhond, “The CBFC is purposely delaying the release of Emergency. The Board wants the film to be released only after the elections in Haryana in October are over. Kangana Ranaut, the co-producer of the film, is a BJP MP and the party [BJP] do not want a film which hurts the sentiments of certain communities by a BJP member at a time when elections are around.
“I can say that all this is happening at the behest of the ruling party BJP, at the Centre. They are looking at their overall interests and thus do not want this film to be released. Ms Ranaut has been asked to maintain discipline but I do not want to delve into this much.” Ms Ranaut, who is a BJP member of the Lok Sabha from Mandi in Himachal Pradesh, is not only the lead actress in the movie playing the role of the former prime minister Indira Gandhi, is also the writer, director and co-producer of the film having staked all her reserve funds in the movie.
Ms Ranaut facing financial hardships was keen for an early release of the movie but the Bombay High Court on Thursday even while sympathising with her cause did not come to her rescue. In a setback of sorts to the actor-turned-politician, a Division Bench of Justices Burgess Colabawalla and Firdosh Pooniwalla only directed to decide whether to release the film or not by September 25 when the next hearing on the petition would be heard. With this decision of the High Court, the makers of the film face further delay in releasing the film in theatres, adding more financial trouble.
Hearing Mr Dhond’s submission, Justice Colabawalla asked, “So you mean to say that it will affect the voting decision of people voting for the 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. Why do people get affected like this? My community is made fun of in almost every film. We laugh along and do not consider it is against our community. So does that mean that the ruling party at the Centre is acting against its own MP?”
Appearing for the CBFC, advocate Abhinav Chandrachud said the CBFC was yet to make a final call on the certification of the film as there were objections on the release of the film by the Sikh community. “Madhya Pradesh High Court has passed an order asking the Board to consider the representation of a certain community. Considering that, the Board has sent it to the review committee. The chairman has referred the matter to the review committee. He cannot decide suo motu.”
Expressing displeasure over the delay in the release certificate of the film, the Bench said, “The CBFC have to take a decision one way or the other. You must have the courage to say this film cannot be released. At least then we will appreciate your courage and boldness. We do not want the CBFC to sit on the fence. Take a decision one way or the other by September 25.”
The CBFC, however, requested additional time, citing the need for its revising committee to thoroughly evaluate the movie before issuing a certificate. Despite this, the Bombay High Court has made it clear that a decision on Emergency must be reached by the specified deadline, leaving the film’s future hanging in the balance. Mr Chandrachud had pointed out certain scenes in the film and said a person who was a polarising figure of a specific religious persuasion was seen ‘cutting a deal’ with political parties and CBFC’s revising committee has to ascertain its factual accuracy.
Justice Colabawalla said, “This is not 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 to the release of films needs to stop, otherwise what about the creative freedom and the freedom of speech and expression in our country? Creative freedom and the freedom of expression cannot be curtailed and the Censor Board cannot refuse to certify the film based on an apprehension of a law and order problem.”
Adjourning the matter for further hearing on September 25, Justice Colabawalla directed the CBFC, “You must decide by September 25 whether you want to release the film or not. We will appreciate the stand of the CBFC whatever it is. We will decide the issue even if you say that the film should not be released.
“Zee Entertainment Enterprises in their plea filed on September 3, 2024, contended that without certification, the film could not be screened in theatres. This hurdle would cost the entire film team and people associated with the film irreparable harm,” the plea said. It also violated their fundamental right to free speech and right to carry on their profession under Articles 19(1)(a) and 19(1)(g).
“Emergency,” a biographical political drama, explores the significant historical period of the declaration of national Emergency in India in 1975. The film’s trailer was released on August 14, and gained more than 3,00,000 views on YouTube. Soon after the trailer’s release, public interest litigations were filed in the High Courts of Madhya Pradesh and Punjab, seeking a halt on the film’s release, and alleging that the film misrepresented the Sikh community.
A Chandigarh court on Wednesday had also issued notices to Ms Ranaut and others on a complaint accusing them of maligning the image of Sikhs in her movie ‘Emergency’. The notices were issued by the Chandigarh district court on a plea filed by advocate Ravinder Singh Bassi, who is also the president of the NGO Lawyers for Humanity. The respondents have been asked to file their replies by December 5.
Mr Bassi in his petition alleged that Ms Ranaut and other respondents have in the movie ‘Emergency’ tried to “malign the image of Sikhs” and particularly “targeted” the former Jathedar of the Akal Takth by portraying him as a “terrorist.”
“The accused without studying the proper historical facts and figures had portrayed Sikhs in bad shape and also made wrong and false allegations against the supreme temporal seat of the Sikh community as in the trailer of the movie it was shown that the sitting Jathedar of Sri Akal Takth Sahib was demanding separate State which is totally false and it was shown just to malign the image of Sikhs and the Akal Takth Jathedars,” Mr Bassi alleged in the plea.
“That by this act and conduct of the accused, they hurt the sentiments and feelings of the Sikh community in general and the deponent,” the petition filed by Mr Bassi, the former president of the District Bar Association, Chandigarh, said. He also alleged that “the actress, producer and director of the film ‘Emergency’ created differences between communities by uttering provoking statements and speeches against the minorities.”
The petitioner has demanded an FIR against Ms Ranaut and two other respondents under section 196(1) (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, and doing acts of prejudicial to maintenance of harmony), 197(1) (punishment for making or publishing false or misleading information that could jeopardise India’ sovereignty, unity, integrity or security), 302 (uttering words etc with deliberate intent to wound religious feelings of any person) and 299 (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of Bharatiya Nagrik Suraksha Sanhita, 2023.
Kangana Ranaut is not only starring in Emergency but also directing the highly anticipated political drama. The film features an ensemble cast, including Anupam Kher, Milind Soman, Mahima Chaudhry, and Shreyas Talpade. Shreyas Talpade takes on the role of former Prime Minister Atal Bihari Vajpayee, while Anupam Kher portrays political leader Jayaprakash Narayan. The late Satish Kaushik will also make an appearance as former Deputy Prime Minister Jagjivan Ram.
Despite the star-studded lineup and the film’s historical significance, Emergency has faced several calls for a boycott. Sikh organizations, including the Shiromani Gurdwara Parbandhak Committee (SGPC) and the Akal Takht, have raised concerns, alleging that the film portrays the Sikh community in a negative light. They have demanded an immediate ban, accusing the film of attempting to “character assassinate” Sikhs by pushing a biased narrative.
Initially, Emergency was set for release on September 6, but these controversies have placed the film’s future in question. Kangana Ranaut had expressed anguish over the delay in releasing the film saying, “It is our history which has been intentionally hidden. We are not told about this. Bhale logo ka zamaana nahi hai.” She also said, “My film is ready to be released. It has received certification from the censor board. 4 historians supervised our films. We have the proper documents. There is nothing wrong with my film. But some people call Bhindranwale a saint, revolutionary or a leader. They threatened via pleas (to ban her film). I have also received threats. Previous governments have declared Khalistanis as terrorists. He was not a saint who was sitting in a temple with an AK47.”
