
Matter kept for hearing on September 19.
Kangana Ranaut film Emergency release date latest news: In a major development, the Bombay High Court directed the Central Board of Film Certification (CBFC) to decide any objections to the Kangana Ranaut-starrer film 'Emergency' by September 18.
While passing the order into the matter, the Bombay High Court bench stated that "After the film was produced on July 8, Manikarnika owner applied for certification. On August 1, CBFC informed the makers that the film was scheduled for screening before the examining committee. Thereafter on August 8, CBFC issued a communication to the Manikarnika stating that the film is suitable for unrestricted public exhibition with an endorsement that certain changes be carried out. In other words, the certificate was "U" and was subject to certain modifications. On Aug 14, the makers of the film submitted the film with modifications as required by the CBFC."
"Once this process was done. Manikarnika received an email on August 29, from the CBFC stating that the CD is sealed and requested Kangana to collect the certificate from the board's office. Another email was received stating that the certificate for the film had been generated successfully. However, when Zee and Manikarnika, sought to collect the copy of the certificate, the same was refused to be handed over. This it appears, the certain groups of the Sikh Community found the Trailer of the film, objectionable and therefore opposed the film's release," the order added. (Kangana Ranaut film Emergency release date latest news)
"On Sept 2, Manikarnika sent a legal notice to the CBFC to which there was no response. Hence the present petition.
Mr Dhond submits that there is absolutely no reason for the CBFC to withhold the certificate. He submits that even under the Cinematography Act and Rules thereunder, if any person has any objection to the release of a film he has a remedy under the relevant laws. Even in that case, the CBFC cannot withhold a certificate that was initially granted," the order said.
"On the other hand, Dr Chandrachud submitted that the certificate is not issued until the chairperson of the CBFC does not sign it. If the certificate isn't signed and an email is received it will not make any difference. It is in this line and the objection of the certificate from certain groups of the Sikh Community, that the certification process has been kept on hold," the bench observed. (Kangana Ranaut film Emergency release date latest news)
Furthermore, the order added, "Dr Chandrachud also submitted that the Jabalpur Sikh Sangat had approached the MP High Court by filing a PIL opposing the release of the film. The High Court has directed that the petitioners in that petition, were permitted to file a comprehensive representation with the CBFC with regards to the objection to the certification of the film and its Trailer within 3 days from Sept 3 and on receipt of such representation, the CBFC is ordered to decide the same. Dr Chandrachud submits that once this is a direction given by the MP High Court, this court cannot direct the CBFC to issue certification without considering representation as the same would be in breach of the orders of the MP High Court."
Likewise, "We have heard the learned advocates for both the parties. The facts in this case aren't disputed. It is not in dispute that the movie was submitted to the CBFC for its certification. On Aug 8 the movie as "U/A" subject to certain modifications. On Aug 14, the modifications were submitted by the makers of the film. It is in this light that on August 29, after the CBFC was satisfied an email was issued to the makers informing them that the CD of the movie had been sealed successfully."
"Thereafter, on August 29, at 4:17 PM another email was received by the makers, informing them that the certificate for the film had been generated successfully. Once these emails are issued by the CBFC, we are unable to accept the submission of Dr Chandrachud that the certificate has not yet been issued because it wasn't signed by the chairperson. Once the makers comply with the modifications required by the CBFC and the CD with modifications is sealed successfully, we have to presume that the CBFC applied its mind and thereafter issued the email to Manikarnika that the CD of the film is successfully sealed. A subsequent email has been sent informing makers that the certificate has been generated successfully," it added. (Kangana Ranaut film Emergency release date latest news)
"Once these are the facts, the submissions of Dr Chandrachud and also the submissions made before the MP High Court appear to be incorrect. Once this was the position, all that the chairperson ought to do was to sign the certificate and issue the same. However, we are faced with the order of the MP High Court's division bench. Before the MP High Court, it was the Union Government's submission that the film isn't certified yet and is under examination in terms of the Cinematograph Act, and in case any representation is received the same will be considered while certifying the film," it stated, adding that "Accepting this submission of the Union Government that the MP High Court directed that the petitioners before it, were permitted to file a comprehensive representation with regards to objections to the film and its Trailer within 3 days."
The order further reads: "Faced with this order, Mr Dhond for the makers of the film, submitted that the MP High Court hasn't gone into the issue of whether the certificate has been issued or not. Thus, there will be no impediment for this Court to direct the CBFC to issue the certificate. Though there may be some substance in the argument we are unable to pass this direction in light of the fact that the MP High Court has specifically directed the CBFC to consider the representations of the Jabalpur Sikh Sangat before certifying the film. If we were to direct the CBFC to issue the certificate, we would have breached the division bench's directive. Judicial Propriety demands such orders ought not to be passed. We, therefore, are unable to direct the CBFC to issue the certificate as sought by the petitioner. We, however, do not dispose of the present petition. And we direct the CBFC to consider the objections, if any."
To this, Chandrachud, appearing for CBFC, said, "Milord, we are directed to consider any other objections too. So I don't know how much time the board would need to decide the same."
The Bench said, "No but you cannot keep it open-ended. Movies are released on Fridays. There are crores and crores of money invested in this." "But CBFC cannot be held for ransom," Chandrachud replied. The order further added, "Therefore, the CBFC is directed to decide any objections or representations, on or before September 13. We now place this matter for further hearing on September 18." "Milords, there are Ganpati leaves. Please give a few more days," Chandrachud appealed. To this, the Bench stated that "You cannot say that you won't work because of Ganpati festival." However, the Bench agreed and directed CBFC to decide the representations by September 18 and posted the matter for September 19.
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