Mumbai: The Bombay High Court issued a significant order directing the Central Board of Film Certification (CBFC) to make a conclusive decision by September 25 regarding the release of Kangana Ranaut’s forthcoming movie Emergency.

The earlier deadline set by the court was postponed due to the film’s referral to the CBFC’s revising committee, which resulted in delays leading up to the court’s directive. The CBFC was given instructions by the court on September 4 to decide on the movie’s release date by September 18.

However, the board failed to take action within the allotted time, claiming that the revising committee’s involvement was needed. Zee Studios, the producers of Emergency, approached the court again, seeking intervention to expedite the decision-making process.

A two-judge panel made up of Justices Burgess Colabawalla and Firdosh Pooniwalla voiced their dissatisfaction with the lack of resolution during the hearing and urged the CBFC to adopt a strong position. “We shall value the CBFC’s stance. Don’t be a fence-sitter,” Judge Colabawalla warned, highlighting the importance of timely action. The bench also pleaded with the CBFC to stop dragging this out and have the “courage” to decide whether to approve or reject the film’s release. Justice Colabawalla, while addressing the CBFC’s hesitation, added, “We will decide the issue even if you say that the film should not be released. Have the courage to say that.”

The bench highlighted the significance of preserving the right to free speech and expression in the arts and also the wider effects of such delays on creative freedom. “This issue of objecting to the release of films needs to stop. Otherwise, what about the creative freedom and the freedom of speech and expression in our country?” the court observed, reported by the media.

In response to concerns that political factors might be influencing the delay, Justice Colabawalla dismissed any such notion, particularly addressing speculation about interference from the Bharatiya Janata Party (BJP). The court made clear that Kangana Ranaut, a well-known BJP member, has no reason to oppose the ruling party, especially in the BJP-leading states, like Haryana. “Why would the Haryana BJP government wish to obstruct the release of a movie directed by one of their own members of parliament?” Justice Colabawalla cast doubt on the possibility of political interference while raising questions.

Citing personal experiences, the court paused to consider the broader societal sensitivities surrounding films. “Why do people get affected like this?” Judge Colabawalla made a statement. “My community (Parsis) is made fun of in almost every film. We laugh along and don’t consider it to be against our community.”

All eyes are now on the certification board, which needs to make a decision concerning the film by the new deadline of September 25, whereas the court awaits the CBFC’s decision.

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