#UdtaPunjab: Ravi Kadam argues on FoE before the Bombay High Court

All eyes were on court room 31 of the Bombay High Court today as Senior Counsel Ravi Kadam, appearing for Phantom Films, began his arguments on the Udta Punjab censorship case..The arguments were made after an amended petition was submitted before the division bench of Justices SC Dharmadhikari and Shalini Phansalkar Joshi..Kadam began by informing the bench about the process of certification by the Central Board of Film Certification. Kadam said that the film is first viewed by members of the examination committee. In the case of Udta Punjab, this committee failed to take a unanimous view, and hence Chairperson Pahalaj Nihalani referred the matter to a revising committee..However, said Kadam, Nihalani disagreed with the views of this committee and referred it to a second revising committee. It was this second revising committee that suggested a number of changes to the film. An appeal was filed by the makers against this order but since a written copy of the order was not available, the appeal was withdrawn on June 1..Incidentally, a copy of this order was provided yesterday before the Bombay High Court..Now, with reference to the specific categories under which these cuts were ordered, Kadam made the following submissions:.Delete the sign board of Punjab and names of other towns in Punjab like Moga etc [Under 5B].“The film is based in Punjab, on the harmful effects of drug abuse and how drugs are peddled from across the border in Pakistan. This particular cut takes away from the very essence of the film. How is this sign board disturbing the sovereignty, integrity and security of this nation? Section 5B draws power from Article 19(2) but any order that goes beyond reasonable restriction is violative of the statute”.Delete abusive words in song 1&2 and other abuses etc..“The abuses in these scenes are in context of the subject matter of the film which is to project the harmful effects of drug abuse. Like in a particular song the character (who is a rockstar) forgets the lyrics because of his drug use, so he blurts out abuses incoherently. In a dramatic film, certain scenes are overdone to create the desired effect, which in this case is to show the harmful effects of drug abuse. Such dramatization is needed..There is a scene where this man is seen scratching his “sides”, this is to depict withdrawal symptoms that occur due to drug abuse. Now how is this condoning druge use?”.Concluding his submissions Kadam said,.“The entire concept of freedom of expression lies in the fact that one may not accord with another’s idea of freedom of expression. It is understandable that the CBFC wants to draw a fine line but whenever there is doubt with regards the line, you have to tilt in favour of freedom of expression.”.Advait Sethna, appearing for the CBFC, began with stating how these cuts are justified and this film is not suitable for all audiences. To this Dharmadhikari J said:.“It is not their (petitioner’s) case that this fim is suitable, in fact they applied for an A cerificate. You must satisfy us as to how these restrictions are falling within reason? Take us cut by cut.”.Evidently not pleased with Sethna’s submissions, Dharmadhiakri J interrupted him saying,.“One signpost (of Punjab) is creating difficulties! You are saying drug menace has never been depicted on celluloid? What about the words MLA, MP, Party worker? How do they cause any harm? There have been movies like Aaj ka MLA Ramawtaar! .There was a movie made on the rampant cases of cancer in Moga. It was not made to degrade the town but to caution the people about the problem that exists there.” .The hearing will continue tomorrow.