In a major victory for artistic expression, the Bombay High Court on Thursday firmly stated that creative freedom and the right to free speech cannot be curtailed due to mere apprehensions of public disorder.
As per PTI, The Bombay High Court on Thursday said creative freedom and the freedom of expression cannot be curtailed and the censor board cannot refuse to certify a film just because there is an apprehension of a law and order problem. A division bench of Justices B P Colabawalla and Firdosh Pooniwalla expressed its displeasure with the Central Board of Film Certification (CBFC) for not taking a decision on the issuance of a certificate to the same, and ordered for the decision to be taken by September 25.
It asked if the CBFC thinks the people of this country are so naive to believe everything that is shown in a movie.
On the petitioner’s claim that the CBFC was delaying issuance of certificate to the movie due to political reasons, the HC noted the film’s co-producer Ranaut was herself a sitting BJP parliamentarian and questioned if the ruling party was acting against its own MP.
Ranaut, who has directed and co-produced the film besides playing the lead role of former prime minister late Indira Gandhi, earlier this week accused the CBFC of stalling certification to delay the release.
The bench said, “You (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 don’t want the CBFC to sit on the fence.”
The court was hearing a petition filed by Zee Entertainment Enterprises, seeking a direction to the CBFC to issue a certificate for the film “Emergency”.
The biographical drama, earlier scheduled for release on September 6, is caught up in controversy after Sikh organisations including the Shiromani Akali Dal objected, accusing the film of misrepresenting the community and getting historical facts wrong.
The HC earlier this month refused to any urgent relief by directing the censor board to certify the movie immediately.
The court had said it cannot grant any urgent relief at this stage in wake of the directive issued by the Madhya Pradesh HC asking the censor board to consider objections to the movie before certifying it.
The bench had then directed the censor board to take its decision on issuance of the certificate to the film by September 18.
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