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 issue.
A division bench of Justices BP 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 Bollywood actress Kangana Ranaut-starrer film “Emergency” based on former prime minister Indira Gandhi’s life and ordered for the decision to be taken by 25 September.
It asked if the CBFC thinks the people of this country are too 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 high court 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 Indira Gandhi, earlier this week accused the CBFC of stalling certification to delay the release of the movie.
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 outfits objected, accusing the film of misrepresenting the community and getting historical facts wrong.
