Bombay High Court asks CBFC to decide on release of Kangana Ranaut-starrer ‘Emergency’

A still from the teaser of ‘Emergency’.

In a major setback to actor-politician Kangana Ranaut’s film ‘Emergency’, the Bombay High Court on Thursday (September 19, 2024) directed the Central Board of Film Certification [CBFC] A decision has to be made whether the film will be released by September 25, 2024. As a result of this High Court decision, the makers of the film faced further delay in releasing the film in theatres, adding more financial problems.

The matter took an interesting turn when the film’s co-producer, Zee Entertainment Enterprises, on Thursday (September 19, 2024) told a division bench of Bombay High Court Justices Burgess Kolabawalla and Firdosh Puniwala that Kangana Ranaut, who is an actor. , the filmmaker and politician serving as a Member of Parliament from Mandi from June 2024 is facing problems at the Bharatiya Janata Party’s command. [BJP].

Representing G, senior advocate Venkatesh Dhond submitted, “CBFC is deliberately delaying the release of emergency. The board wants to release the film only after the elections in Haryana are over in October. The film’s co-producer Kangana Ranaut is a BJP MP and member of the party [BJP] Don’t want a film that hurts certain community sentiments by a BJP member at a time around elections. I can say that all this is happening on the orders of BJP, the ruling party at the centre. They are looking at their overall interest and thus don’t want to release this film. Ms. Ranaut has been asked to maintain order but I don’t want to do that much.”

Hearing Mr. Dhonde’s submission, Justice Kolabawala asked, “So you mean that it will affect the voting decision of people who voted for the BJP? Why would someone in power in a state want to fail a film made by their own member? Had the state been ruled by any other opposition party, we could have considered it. Why are people affected like this? Almost every film makes fun of my community. We laugh together and don’t think it’s against our community. So does this mean that the ruling party at the center is working against its own MP?

Appearing for the CBFC, advocate Abhinav Chandrachud said the CBFC is yet to take a final call on the film’s certification as there are objections to the film’s release by the Sikh community. “The Madhya Pradesh High Court has given an order to the board to consider the representation of a particular community. It has been referred to the Board Review Committee for its consideration. The Chairman referred the matter to the Review Committee. He cannot make suo moto decisions.

Expressing displeasure over the delay in the film’s release certificate, the bench said, “CBFC has to take a decision one way or the other. It takes courage to say that this film cannot be released. At least then we will appreciate your courage and bravery. We don’t want CBFC to sit on the fence. Decide either way by September 25.

Mr. Chandrachud also pointed to some scenes in the film and said that a person who is a polarizing figure of a particular religious persuasion is seen ‘cutting a deal’ with political parties and the CBFC’s revision committee has to ensure its factual accuracy.

Justice Kolabawalla said, “This is not a documentary. Do you think the people of our country are so stupid that they will believe what is shown in the film? What about creative freedom? There are billions of internet users in our country. This issue of objection to the release of films needs to stop, otherwise what will happen to creative freedom and freedom of speech and expression in our country? Creative freedom and freedom of expression cannot be curtailed and the Censor Board cannot refuse to certify the film on the basis of apprehension of law and order problems.”

Postponing the matter for further hearing on September 25, 2024, Justice Kolabawala directed the CBFC, “You must decide by September 25 whether you want to release the film or not. We will appreciate CBFC’s stand whatever it is. If you say that the film should not be released, we will still decide the matter.

“G Entertainment Entertainment Entertainment Entertainment Entertainment Entertainment Entertainment Entertainment Entertainment filed on September 3, 2024, claiming that the film cannot be screened in theaters without the certificate. This obstruction will cause irreparable damage to the entire film team and people associated with the film,” the petition said. It also violated their fundamental right to freedom of speech and right to carry on their profession under Articles 19(1)(a) and 19(1)(g).

Emergency, a biographical political drama, explores the momentous historical moment of the declaration of National Emergency in India in 1975. The trailer of the film was released on 14 August and has received over 3,00,000 views on YouTube. Soon after the release of the trailer, a public interest litigation was filed in the High Courts of Madhya Pradesh and Punjab, seeking a stay on the film’s release, and alleging that the film misrepresented the Sikh community.