Kangana Ranaut's Emergency film will miss the September 6 scheduled release date, with the Bombay high court on Wednesday refusing to grant any urgent relief by directing the censor board to certify the movie immediately.
A division bench of Justices B P Colabawalla and Firdosh Pooniwalla said it cannot grant any urgent relief at this stage in the wake of the directive issued by the Madhya Pradesh HC directing the censor board to consider objections to the movie before certifying it.
The bench said if not for the Madhya Pradesh HC it would have directed the Central Board of Film Certification (CBFC) to issue certificate to the movie 'today' itself.
Scheduled for release on September 6, the biographical drama is caught up in a controversy after Sikh organisations, including the Shiromani Akali Dal, objected, accusing it of misrepresenting the community and getting historical facts wrong.
The film's producer Zee Entertainment Enterprises had moved the Bombay High Court seeking a direction to the CBFC to issue certificate for the film Emergency, helmed by actor-MP Kangana Ranaut.
The plea claimed that the censor board was ready with the certificate but was not issuing it apprehending law and order unrest post the release of the movie.
The bench accepted the producer's contention that the certificate was kept ready but not issued and said once the certificate was issued online to the makers of the film, the CBFC's contention that the certificate was not issued as it was not signed by the chairperson is incorrect.
After the HC order, Ranaut took to social media to share her opinion.
'High court has blasted censor for illegally withholding the certificate of #emergency,' the actor wrote on X.
The court noted that if the Madhya Pradesh HC order was not there, then it would have directed the CBFC to 'issue the certificate today itself'.
'We know that there is something else happening behind. We don't want to comment on it. The CBFC shall consider the objections and take a decision by September 18,' it said.
The Madhya Pradesh HC on Tuesday heard petitions filed by Sikh groups claiming that the film contains scenes that may hurt their religious sentiments and may hence cause unrest.
The CBFC claimed there that the movie was yet to be issued a certificate.
The Madhya Pradesh HC then directed the censor board to consider the representation of the petitioner Sikh groups raising objections to the film before issuing the certificate to the movie.
The CBFC was directed to carry out the exercise and decide expeditiously.
During the hearing of the petition filed by Zee Entertainment, the Bombay HC said that while it was with the petitioner on the issue, it could not grant any relief in the wake of the Madhya Pradesh HC order.
'The Madhya Pradesh HC has given the CBFC a direction. If we give any relief today then it would be directly in contravention to that order. We will be asking CBFC to breach another HC order if we pass any order today. We cannot do that. Judicial propriety demands that of us,' the bench said.
Let the CBFC examine it, the court said.
'If the movie is delayed by a week or two it is not going to make any difference. The MP HC stares us at our face,' said the judges.
'We are unable to pass any order today, as the Madhya Pradesh HC has directed the CBFC to consider the objections before certifying the film,' the court said.
The bench said if it were to direct the CBFC to issue the certificate without considering the objections then it would effectively be asking them to breach the order passed by another high court.
'Judicial propriety demands that such a course should be avoided. We are of the view we are unable to direct the CBFC to issue certificate as sought by petitioner at this stage,' the court said.
The bench directed the censor board to consider the objections raised by the Sikh groups and certify the film by September 18.
The bench added that it was personally of the opinion as to how these groups say a movie is offensive without even watching it.
'Our CJI has said that a movie may cause law and order problem is not a ground to stop release of a movie. That is for the state machinery to take care of,' the court said.
Senior counsel Venkatesh Dhond, appearing for Zee Entertainment, argued that when the movie was first submitted for certification, the other producer Manikarnika Films had received an email with a U/A certificate.
However, later certain modifications were asked to be made. Since then, the hard copy of the certificate, to facilitate the film's release, has not been issued, he said.
Senior counsel Abhinav Chandrachud, appearing for the CBFC, said the certificate was auto-generated and not issued as the chairperson was yet to sign on the hard copy.
Chandrachud claimed that Kangana Ranaut is a Member of Parliament and is aware of what is happening in the country.
Dhond argued that just because some unrest is expected the censor board cannot curtail the free speech and freedom of expression of the makers.
The bench said such auto-generated emails issuing certificates should be stopped.
'You (CBFC) need to haul up those officers for not applying their mind. Take action against them for not doing their duty. Put them in the dock,' the HC said.
The court will hear the plea on September 19.
Ranaut, who has directed and co-produced the film besides playing the lead role of former prime minister late Indira Gandhi, earlier this week accused the CBFC of stalling certification to delay the release.
