HC rejects plea to order certification of Kangana Ranaut’s ‘Emergency’

Mumbai: The Bombay high court on Wednesday said that it can’t pass directives to the Central Board of Film Certification (CBFC) to issue a certificate to actor-politician Kangana Ranaut’s Emergency, and asked the body to decide on any objections or representations by September 18. The matter will now be heard on September 19.
A two-judge bench of the high court was hearing a plea filed by co-producer of the film Zee Entertainment Enterprises, who had moved the court seeking the official copy of the film’s certification from CBFC.
Emergency, which is based on the life of former Prime Minister Indira Gandhi, is written, directed and produced by Ranaut. The film was slated to release on September 6 but has been postponed after Sikh organisations raised concerns over the portrayal of Sikhs and the accuracy of historical facts.
Senior advocate Venkatesh Dhond, who appeared on behalf of Zee Entertainment Enterprises, told the court that although an email with an electronic copy of the certificate was sent out by CBFC to them on August 29, a hard copy was being held back on the ground that it was not signed by an officer of the body.
CBFC counsel Dr Abhinav Chandrachud informed the court that the Board had been directed by the Madhya Pradesh high court to consider representations against the movie, and that the mail sent out by CBFC “was a system generated email”. The court, however, refused to accept the contentions and said that the producers were right in seeking the hard copy.
“Mr Dhond we were with you on the fact that once the email is written that certificate is issued successfully and just because the chairman has not signed it, it doesn’t mean the film is not certified…signing is only a ministerial act,” said the bench comprising justice BP Colabawalla and justice Firdosh Pooniwala.
The bench, however, was hesitant to direct the Board to release the certificate due the Madhya Pradesh high court order. “The order is staring at us in the face,” the judges remarked. The court further asked: “How can these groups know these movies are offensive to the community..?”