#UdtaPunjab CBFC to grant fresh certificate after BomHC rules cuts were unjustified

The division bench of Justices SC Dharmadhikari and Shalini Phansalkar Joshi have ordered the Central Board of Film Certification to issue a fresh certificate to the makers of Udta Punjab by Wednesday..An order was passed today in the post lunch session after Dharmadhikari J began dictating the order at 12 noon..After recording all the submissions made by senior counsel Ravi Kadam, appearing for the film’s producers, and Advait Sethna who represented the CBFC, every cut ordered by the CBFC’s review committee was addressed in detail..Firstly, with regard to the deletion of the signboard of Punjab that is shown in the first scene of the film and the names of cities in Punjab the bench said,.“It is not fair to look at these scenes in an isolated manner, the film depicts menace of drugs and the backdrop is Punjab. It is open for any creative person to choose the backdrop and read the story in furtherance of the same. It is the underlying key of creative freedom. We do not see any justification for this cut. “.With regard to deletion of cuss words the bench observed,.Blanket deletion without referring to the theme interferes with creative freedom of the petitioners. Dialogues themeselves have not been deleted, just these words. Too much is being made out of cuss words the likes of which can be heard in every city..The bench also said that audience is the best judge for the work of any filmmaker. Observing that cut number 10 which is a line in the film that goes Zameen Banjar Tey Aulaad Kanjar is not justified as the state is known for its hard working farmers, culture, its contribution to the field of sports etc the bench said – CBFC’s arguement that it defames the state is not tenable..Regarding interpretation of the guidelines under Cinematograph Act 1952, Dharmadhikari J said-.These guidelines are to be read along with the objectives laid out in Section 1 of the said Act. They cannot be read as a statute..Dharmadhikari J recorded in the order that the board was justified in deleting the scene where the protagonist urinates before a crowd. During the previous hearing Ravi Kadam, had already agreed to edit that particular scene out of the film. The disclaimer that was modified by the review committee’s order has also been accepted by the makers of the film..Regarding the disclaimer which essentially states that the film focuses on menace of drugs in our society and the harmful effects on the youth, Kadam had said,.This is anyways a better disclaimer than the one we had put originally..Finally the bench stated,.We hope we do not have to spend any more time on this issue. There are so many litigants that come to court for justice, this is hardly a cause that should be brought to the highest court of the state.