The Bengal Files: PIL in Calcutta HC Seeks Immediate Release of the Film in WB

The PIL has been filed by Sayan Kansabanik, a resident of Nadia, West Bengal, through Advocates Shoumendu Mukherji and Nikunj Berlia. The petition alleges that although there is no official notification, order, or ban issued by the State Government, the film has not been allowed to be released in West Bengal. This amounts to a de facto restriction that is illegal, arbitrary, and violative of the citizens’ fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution of India, the plea contends.

The petitioner asserts that as a citizen, he has a fundamental right to view a lawfully certified film. The Central Board of Film Certification (CBFC) has already cleared Bengal Files, and the film is being screened smoothly in theatres across the country except in West Bengal. The non-release in the State, despite the absence of any formal prohibition, is argued to be an unjustified suppression of artistic expression and an infringement of the constitutional right of the public to access the work.

The petition further relies on a series of Supreme Court precedents which have categorically held that once a film has been certified by the CBFC, it is entitled to free and unobstructed exhibition. The Apex Court has also clarified that apprehensions of law-and-order disturbances cannot be cited by the State as a justification to prevent the release of a certified film. Instead, the State has a constitutional duty to maintain law and order and to safeguard the rights of filmmakers, theatre owners, and audiences.

Highlighting this constitutional obligation, the petitioner contends that the State cannot resort to extra-constitutional methods to obstruct the screening of Bengal Files. Rather, it is duty-bound to ensure adequate protection to theatres and citizens who wish to watch the film, instead of indirectly curtailing its release through inaction.

The PIL, therefore, prays for appropriate directions to the Government of West Bengal to ensure that Bengal Files is released in theatres across the State without delay, thereby restoring and safeguarding the constitutional rights of citizens under Part III of the Constitution.

The matter is expected to be listed before the Calcutta High Court in the coming days.