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Synopsis

The Bombay High Court has directed the Central Board of Film Certification (CBFC) to consider the representation and objections against the movie 'Emergency' by 18 September.

The division bench of the high court comprising Justice B.P. Colabawalla and Justice Firdosh Pooniwalla was hearing a petition filed by Zee Studios, claiming that the CBFC had arbitrarily withheld the censor certificate after issuing it.

Dr. Abhinav Chandrachud, appearing for the CBFC, submitted that while the certificate was considered, it could not be said to have been officially issued since it was not signed by the chairperson of the CBFC.

Senior Advocate Venkatesh Dhond, appearing for Zee Studios, submitted that the certificate was indeed issued but not sent to the producers due to the protests that erupted afterward.

"They are not supposed to take cognisance of protest after issuing issuing. The Central Government has power to issue. This has become a hot potato. You are caught between free speech. Post grant of certificate the Central Government has power. They have the power to temporarily restrain. If groups are affected then it is within the realm of administration. That is not being exercised. The board is taking half measure saying we have an issued certificate but will not give it. You have withheld the certificate," Dhond submitted. 

The bench was informed that the Madhya Pradesh High Court had accepted the statement of the Deputy Solicitor General that the certification was still in process.

However, the bench remarked that the producer ought to have informed the Madhya Pradesh High Court that the certificate had already been issued.

"if we direct mandamus and issue certificate then will it not be in teeth of para 8. Your client should've shouted and told that the direction cannot be issued since a certificate is issued. You move for review of order. It's staring us in the face," the court said. 

The bench said that it was unable to pass the order directing CBFC to issue a certificate as it would be in breach of order of the Madhya Pradesh High Court.

"Though there may be some substance in the argument we are unable to pass the direction in light of the fact that MP HC has directed CBFc to consider the objection before certifying. If we were to direct CBFC to issue certificates without considering objection, we would be effectively asking CBFC to act in breach of order of MP HC. We are of the opinion that as on date we are unable to direct CBFC to issue the certificate as sought by the petitioner," the order reads.