‘Emergency’ row: HC refuses to direct CBFC to issue certificate to Kangana's film

HC seeks clarification from CBFC

The film was scheduled to release on September 6 but will now be pushed back for two weeks as the high court directed the censor board to consider the objections raised against the film and then certify it by September 18.

The film’s producer Zee Entertainment Enterprises had moved the Bombay High Court seeking a direction to the CBFC to issue certificate for the biographical drama.

The plea claimed that the censor board was ready with the certificate but was not issuing it apprehending law and order unrest after the movie’s release.

Certificate ready, but not issued: Petitioner tells court

A division bench of Justices B P Colabawalla and Firdosh Pooniwalla on Wednesday accepted the producer’s contention that the certificate was kept ready but not issued.

The bench said once the certificate was issued online to the makers of the film, the CBFC's contention that the certificate was not issued as it was not signed by the chairperson is incorrect.

The court, however, noted it would have directed the CBFC to issue the certificate on Wednesday itself had there not been an order from the Madhya Pradesh High Court.

Madhya Pradesh HC order

“We know that there is something else happening behind. We don't want to comment on it. The CBFC shall consider the objections and take a decision by September 18,” it said.

The Madhya Pradesh High Court on Tuesday heard petitions filed by Sikh groups claiming that the film contains scenes that may hurt their religious sentiments and may hence cause unrest.

The CBFC had claimed there that the movie had not yet been issued a certificate.

Directions to CBFC

The Madhya Pradesh High Court then directed the censor board to consider the representation of the petitioner Sikh groups raising objections to the film before issuing the certificate to the movie.

The CBFC was directed to carry out this exercise and decide expeditiously.

During the hearing of the petition filed by Zee Entertainment, the Bombay High Court on Wednesday said that while it was with the petitioner on the issue it cannot grant any relief in the wake of the order passed by the Madhya Pradesh HC.

Bombay HC cites ‘judicial propriety’

“The Madhya Pradesh HC has given the CBFC a direction. If we give any relief today then it would be directly in contravention to that order. We will be asking CBFC to breach another high court order if we pass any order today. We cannot do that. Judicial propriety demands that of us,” the bench said.

Scheduled for release on September 6, the biographical drama is caught in a controversy after Sikh organisations including the Shiromani Akali Dal objected, accusing it of misrepresenting the community and getting historical facts wrong.

(With inputs from agencies)