The Bombay High Court on Sep 4 said that a delay in the release of the “Emergency” film by a week won’t make much of a difference.
The court was hearing a petition by Zee Entertainment Enterprises Limited, co-producers of the film, which sought a physical copy of the censor certificate from the Central Board of Film Certification (CBFC) to be able to release the movie on Sep 6.
“We will not dispose of the plea. But let CBFC examine in three days, objections, if any, as per Madhya Pradesh High Court order. If the release of film is delayed by one week, it is not going to make any difference,” said the Bench of Justices B P Colabawalla and Firdosh P Pooniwalla.
The court said that let the Central Board of Film Certification (CBFC) examine in three days, objections, if any, as per the Madhya Pradesh High Court order.
Advocate Abhinav Chandrachud, appearing for CBFC, submitted that the Madhya Pradesh High Court had asked the Board to consider the objections raised against the movie before granting the censor certificate.
The MP High Court had noted that the CBFC was yet to grant the certificate to the movie. The Board had submitted that the certificate has not been issued and the certification of the Film is under consideration by the competent authority, Chandrachud said.
“The director of the film is a Member of Parliament and understands the sensitivity of the matter,” he added.
Senior advocate Venkatesh Dhond, appearing for Zee Entertainment while arguing the matter said “CBFC should say that it has issued the certificate and it is for law and enforcement machinery to deal with unrest or protest. The Board has done its job. CBFC cannot say now that there might be unrest and we will rethink the certification. The MP High Court order does not come in way of the Bombay HC deciding the issue.”
The division bench stated that the MP High Court order nowhere says that their order will not affect proceedings pending before Bombay HC.
The bench also noted that a Chief Justice of India-led bench of the Supreme Court had said that a law-and-order situation is the responsibility of the machinery and not CBFC.
“If we direct issuance of the certificate immediately, will it not be against the MP HC order? You should have shouted from the rooftop before the MP High Court that the film is already certified (as per system-generated email) and no need to consider objections.” the bench said.
