Holding that a filmmaker’s creative freedom should not be curbed and that the Censor Board was empowered to certify films and not censor them, the Bombay High Court on Monday cleared Udta Punjab with one cut and a modification in the disclaimer, and directed the Central Board of Film Certification (CBFC) to issue “A” certificate to the film by Wednesday.
Delivering a verdict on a petition filed by Phantom Films Pvt limited challenging the 13 changes proposed by the CBFC in Udta Punjab, a division Bench of Justices CS Dharmadhikari and Shalini Phansalkar-Joshi advised the Censor Board “not to act like a grandmother”, but change with the times.
“Barring the cut at Serial No. 9 and the modification in the disclaimer, the decision of the Board as appearing at pages 65B and 65C is quashed and set aside. The film be certified accordingly as restricted in its exhibition to the adult audience. Respondent no. 1 (CBFC) shall issue the “A” certificate within 48 hours from today,” the two-member HC Bench ruled in their operative part of the order.
Rejecting defence lawyer Advocate Advait M Sethna’s request for staying of the order to facilitate the CBFC to move the Supreme Court, the judges observed: “Having heard both sides on this point, we are of the view that there is substance in the contention of Mr Kadam (the petitioner’s lawyer). We are not inclined to stay the effect of this order, as prayed by Sethna. The request is refused”
The Judges declined to stay their order after senior Advocate Ravi Kadam who appeared for Phantom Films that has co-produced “Udta Punjab” vehemently opposed the stay, saying: “...enormous investment and efforts have gone in not only making of the film and promoting it, but arranging for its exhibition. Now that all arrangements are in place, considerable prejudice would be caused in the event this order is stayed”.
“Udta Punjab” is scheduled to hit screens across the country on June 17.
The scene that the high court has ordered deletion from the film that shows main protagonist Tommy urinating in front of the crowd. In fact, the filmmakers had themselves on Friday last voluntarily offered to delete this scene from the film.
As per the revised disclaimer suggested by the high court, the makers of “Udta Punjab” have to delete reference to Pakistan. They will also have to make additions to the disclaimer to the effect that the movie, its characters and the filmmakers do not promote the use of drugs and abusive language, and that the film is only attempting to depict the reality of drug abuse.
In a sharp criticism of the CBFC, the HC observed: “Do not act like a grandmother. Change as per the times now. The CBFC need not be over-sensitive in the matter of art. The CBFC cannot stop creative people abruptly as it may discourage them. This will kill creativity. These days filmmakers are brutal, direct and straightforward. One need not treat them harshly just because of this”.
Reiterating that the CBFC’s job was to certify films but not censor them, the bench observed: “The CBFC is not empowered by law to censor films as the word censor is not included in the Cinematograph Act...creative freedom should not be unnecessarily curbed; nobody can dictate to filmmaker about the content of his film”
“If changes have to be suggested then that power must be exercised consistently and in line with the Constitution and Supreme Court orders,” the HC Bench observed.
“Adults won’t be tempted to use cuss words simply because they heard it in the movie. The story of Udta Punjab is depicted through fictional characters that have no connection with real life,” Justice Dharmadhikari said.
“The film is meant for adult viewing. If a maker chooses this way of depicting the movie and a subject, then it is not for anybody to restrict it. like the CBFC, even we would be happy if better words were coined and used by the filmmaker,” the HC bench noted.
Maintaining that it did not find anything in the script of the film that would affect the sovereignty of the nation, the HC bench observed, “We have read the script. We do not find anything in it that shows Punjab in a bad light or affects the sovereignty, integrity or security of India.”