Bombay High Court Directs CBFC to Address Film ‘Emergency’ Objections by September 18
Mumbai, 4th September 2024: On Wednesday, the Bombay High Court directed the Central Board of Film Certification (CBFC) to address by September 18 any objections made by the Jabalpur Sikh Sangat or other entities regarding the release of the film Emergency. The bench, comprising Justices Burgess Colabawalla and Firdosh Pooniwalla, noted that while the CBFC lacks the authority to manage unrest related to the film’s release, it must still review any representations.
The court refrained from issuing an immediate directive for certification, respecting a previous order by the Madhya Pradesh High Court, which had mandated that the CBFC evaluate the Jabalpur Sikh Sangat’s objections before proceeding with certification. The Bombay High Court’s decision was influenced by the need to adhere to judicial propriety and avoid conflicting with the earlier ruling.
The petition was filed by Zee Studios, co-producer of Emergency, starring Kangana Ranaut. Zee Studios reported that, although the CBFC had initially confirmed successful certification via email on August 29, the certificate was withheld later due to objections based on the film’s trailer.
Senior counsel Venkatesh Dhond, representing Zee Studios, argued that the CBFC should not withhold certification based on unrest or objections from groups that had not seen the full film. Justice Colabawalla supported this view, questioning how groups could claim the film was offensive without viewing it.
In response, CBFC counsel Dr Abhinav Chandrachud clarified that the email was system-generated and certification requires the chairman’s signature. The bench, however, noted that the CBFC’s email suggested that certification had been processed and instructed the board to resolve any objections by the specified date.
The court emphasized the importance of timely decisions due to significant financial investments in films and urged the CBFC to avoid further delays.
