Zee tells Bombay High Court Emergency movie's release being delayed so that BJP doesn't lose Sikh votes

Zee Entertainment, co-producer of Kangana Ranaut movie 'Emergency, told the Bombay High Court on Thursday that the censor clearance for movie was being delayed by the Central Board of Film Certification (CBFC) since the ruling Bharatiya Janata Party (BJP) is skeptical that the movie might affect the party's prospects in the upcoming assembly polls in Haryana [Zee Entertainment Enterprises v. CBFC].

Senior Advocate Venkatesh Dhond, appearing for Zee, said that the movie is seen as an anti-Sikh film and there is a sizeable population of Sikhs in Haryana.

He also pointed out that one of the co-producers of the movie is a BJP lawmaker.

"The co-producer is a BJP MP and they do not want a film which hurts the sentiments of certain communities by a BJP Member," Dhond said.

"As you said, this film is seen as an Anti-Sikh film, and it is released before elections in Haryana and then Sikhs will say that look you have released the film and we are not going to give you our vote. But how will it affect in Haryana," the Court asked.

Dhond then said that there is a sizeable Sikh population in Haryana as well and the Central government led by BJP does not want a film that hurts Sikh sentiments to be released before elections.

The argument did not find favour with the Bench of Justices BP Colabawalla and Firdosh Pooniwalla though the Bench took strong exception to the delay by the CBFC in taking a decision on the release of the controversial movie.

The Court said that the CBFC need not examine or worry about law and order implications while certifying a movie and a movie should not be viewed in the same manner as a documentary lest it curbs creative freedom.

This was after CBFC Senior Counsel Abhinav Chandrachud, appearing for CBFC, told the Court that the censor board is reviewing representations and objections received by it against the movie.

"There are some scenes in the movie wherein a person, a polarising figure of particular religious persuasion is cutting a deal with political parties. We have to see whether this is factually accurate," Chandrachud said.

"This is a movie and not a documentary. Do you think that the public is so naive that they will believe everything that they see in a movie. What about about creative freedom? It is not for the CBFC to decide whether this affects public order. This has stop otherwise we are completely curtailing the creative freedom," the Bench remarked.

The Court was hearing a petition of Zee Studios, co-producers of the film seeking the release of the censor certificate of the film. This request followed a controversy over claims that the film misrepresents the Sikh community.

In their plea, Zee Studios stated that although they were informed of the film's certification on August 29, the CBFC failed to provide a physical copy of the certificate.

During the last hearing, the Court had declined to grant any relief to Zee which stalled the release of the film which was due to hit the screens on September 6.

The Court had in the previous hearing noted that the Madhya Pradesh High Court had directed the CBFC to address representations made by members of the Sikh community in a public interest litigation (PIL) that sought to halt the film's release.

The Bombay High Court had decided to keep the matter pending and had directed CBFC to consider all directions by September 18.

On Wednesday, CBFC counsel Abhinav Chandrachud submitted that based on the directions of the Madhya Pradesh High Court to consider the objections of several parties, it has referred the movie for further consideration to a review committee.

The Court observed that this was clearly a case of 'passing of the buck' as the Bench had asked the Board to take a decision by September 18 at the latest.

Further, the Court insisted that a decision be taken on the whether the movie should be released by Monday.

Chandrachud requested the Court not to set a time frame since a decision can be taken by the CBFC only after the review committee makes its recommendations.

The Court eventually directed CBFC's reviewing committee to take a decision on the release of the film by September 25.