#UdtaPunjab: Bombay HC to hear petition by Phantom Films tomorrow

The producers of the movie “Udta Punjab” moved the Bombay High Court today seeking a copy of the order by the CBFC’s review committee, which recommended substantial cuts. The matter was mentioned before the division bench of Justices SC Dharmadhikari and Shalini Phansalkar Joshi and kept back in the post lunch session..Subsequently Senior Counsel Ravi Kadam, appearing for Phantom Films, submitted that he received a copy of the order after the matter was mentioned in the morning. Leave to amend was sought which the division bench granted, the matter will be listed tomorrow on the supplementary board..The review committee has ordered cuts under thirteen different categories. A note is also added at the end stating that most of the film is in Punjabi..As per this PTI report, a special screening of the movie was arranged for noted filmmaker Shyam Benegal. Benegal is heading a committee appointed by the Government of India to relook at the process of film certfication in India..Speaking to Bar & Bench, Benegal said,.“I won’t say anything on the review committee’s cuts or the filmmakers moving to court as I am heading this committee. But I will say that technically it is an extremely well made film. Beyond that, it would not be proper for me to comment on this.”.Although Anurag Kashyap, whose company Phantom Films is co-producing the movie with Balaji Telefims has candidly tweeted about this entire issue and CBFC Chairman Pahlaj Nihalani has also made several allegations on Kashyap, neither of them were available for comment..The issue of censorship and certification has been a contentious one. In April, the Shyam Benegal Committee submitted its report on the Cinematograph Act/Rules to I&B minister Arun Jaitley..According to the Huffington Post, the committee report said,.CBFC should only be a film certification body whose scope should be restricted to categorizing the suitability of the film to audience groups on the basis of age and maturity except in the following instances to refuse certification –.• When a film contains anything that contravenes the provisions of Section 5B (1) of the Cinematograph Act, 1952. • When content in a film crosses the ceiling laid down in the highest category of certification..This seems rather counter productive, while on one hand the committee said the censor board should essentially be a certification body, it goes on to give the board absolute authority to refuse certification to any film that violates Section 5B(1) of the Cinematograph Act 1952 which states –.A film shall not be certified for public exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against the interests of [the sovereignty and integrity of India] the security of the State, friendly relations with foreign States, public order, decency or morality, or involves defamation or contempt of court or is likely to incite the commission of any offence.