The Bombay High Court has denied immediate relief for the Kangana Ranaut film Emergency, stating that it cannot, at this time order the Central Board of Film Certification (CBFC) to issue a release certificate. This decision follows an order from the Madhya Pradesh High Court on September 3, which affects the film’s certification process.
Justices B P Colabawalla and Firdosh P Pooniwalla, sitting on a division bench, instructed the CBFC to review objections and make a decision by September 18.
The film will not be released until then, according to CBFC lawyers.
Emergency has faced protests from
Sikh groups
over its depiction of their community. The Madhya Pradesh High Court had instructed these groups to submit their objections to the CBFC within three days, and the board was directed to consider their concerns promptly.
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“If we were to direct CBFC to release the certificate without considering objections, we would effectively be directing CBFC to breach the order of another HC. Judicial propriety demands such a course should always be avoided. Considering these circumstances, we are of the view, as on date, we are unable to direct CBFC to release the certificate as sought for by the petitioner (Zee Entertainment Enterprises—Zee Studios) in the present petition at this stage,” the
Bombay HC
bench noted in its order.
“If it (film release) is delayed by one week, it is not going to make any difference. We are faced by MP HC order,” the judges orally remarked, adding: “There is something else going on behind the scenes here and we do not want to get into that…”
On Tuesday, Zee Entertainment Enterprises Ltd requested the High Court to compel the CBFC to release the certification already granted for the film’s scheduled September 6 release.
Venkatesh Dhond, senior counsel representing Zee Studios, argued that the CBFC was “illegally” and “arbitrarily” withholding the certificate, which was confirmed in an email from August 29. Zee Studios claimed that the CBFC had deemed the film suitable for a ‘U/A’ certificate after screening it last month.
However, CBFC counsel Abhinav Chandrachud argued that while an online certificate was generated on August 8, it had not been officially issued as required by law. Chandrachud added that the board had received additional representations from Sikh groups and had also been petitioned by the Punjab and Haryana High Court regarding the film’s certification.
The Zee petition indicated that the co-producer applied for certification on July 8 through the E-Cinepramaan portal, was notified of the August 4 screening, and was informed on August 8 that the film was suitable for a ‘U/A’ certificate, pending modifications. Dhond asserted that the certificate had been signed and issued, and the producer was advised to collect it, but did not receive it upon visiting the CBFC office. Chandrachud countered that the certificate is not final until signed by the CBFC chairperson.
