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HC Grants CBFC Ultimatum: Clear Kangana’s ‘Emergency’ with Edits or Issue Certificate


Mumbai: The Central Board of Film Certification (CBFC) has informed the Bombay High Court that it will issue a certification for Kangana Ranaut’s film “Emergency” provided certain edits recommended by its revising committee are implemented. This development comes after a prolonged standoff that has seen the film, initially scheduled for a September 6 release, become a subject of much legal and political intrigue.

Kangana Ranaut, who has both directed and co-produced “Emergency” in addition to starring as the late Prime Minister Indira Gandhi, has openly claimed that the CBFC has been deliberately stalling the certification process to delay the film’s release. The biographical drama has faced sharp criticism from some Sikh organizations, including the Shiromani Akali Dal, which accuse the film of misrepresenting their community and distorting historical facts.

Last week, a division bench comprising Justices B P Colabawalla and Firdosh Pooniwalla came down heavily on the CBFC for its indecision concerning the movie’s certification. The judges argued that the censorship board’s failure to either approve or deny the certificate could be seen as a limitation on the freedom of speech and expression. They directed the CBFC to reach a decision by September 25.

Zee Entertainment Enterprises, the film’s co-producer, has taken the matter to the High Court, seeking an order to compel the CBFC to issue the certificate. On Thursday, during a court session, the bench inquired whether the CBFC had any “good news” for the filmmakers. CBFC’s counsel, Abhinav Chandrachud, revealed that the board’s revising committee had made its decision, suggesting several cuts before the certification could be granted.

Senior counsel Sharan Jagtiani, representing Zee Entertainment, requested additional time to deliberate on whether the suggested cuts could be accepted. Consequently, the bench scheduled the next hearing for September 30. Zee Entertainment had previously asserted that the CBFC had already prepared the certificate but was withholding its formal issuance.

These accusations of delay have a political undertone, as last week Zee Entertainment suggested that the certificate was being withheld due to political interference and the upcoming elections in Haryana. The bench questioned this rationale, puzzling over why the ruling party would act against Ranaut, who is a member of the BJP.

The court’s interventions and deadlines are significant as they underscore the judiciary’s role in safeguarding creative freedom while balancing concerns raised by various stakeholder groups. Ranaut’s film, which dramatizes a sensitive and controversial period in Indian history, namely the Emergency of 1975-77, has been under the scanner for its potential impact on communal sentiments and historical interpretation.

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Advocate Abhinav Chandrachud representing the CBFC, stated, “The committee has suggested some cuts before the certificate can be issued and the movie can be released.” This statement from the CBFC came after weeks of legal battles and public sparring between the film’s producers and the censorship authorities.

Senior counsel Sharan Jagtiani, standing for Zee Entertainment, asked the court for additional time to decide whether to comply with the proposed cuts. Thus, the next hearing has been set for September 30. Through its plea, Zee Entertainment has claimed that the CBFC has already completed the certification for the movie but has failed to issue it formally.

This legal tussle had previously been highlighted by allegations from Zee Entertainment that the certificate was being withheld due to political dynamics related to the Haryana state elections. The court was skeptical of this claim, questioning why political powers would undermine a film from a member of their own party.

Judges Justices B P Colabawalla and Firdosh Pooniwalla had earlier expressed frustration at the CBFC’s failure to make a timely decision, stating that such indecision impinges upon free speech and creative liberty. The court directed that the CBFC must finalize its stance by September 25.

With Zee Entertainment seeking judicial intervention, their plea has put considerable pressure on the CBFC to expedite the certification process. On Thursday, the CBFC represented by Abhinav Chandrachud, acknowledged the made decision, stipulating necessary cuts for the film’s certification.

However, Sharan Jagtiani, representing Zee Entertainment, required additional time to confer with the filmmakers and decide if they will accept the revisions. As a result, the matter is now slated for a subsequent hearing on September 30.

This situation highlights ongoing tensions between creative expression and regulatory oversight in India’s film industry. With the judiciary stepping in, the outcome could set a precedent for how similar controversies are handled in the future. For now, the road ahead for “Emergency” hinges on whether the recommended cuts are made to the satisfaction of the CBFC and if the much-anticipated release can proceed without further delays.