Why Is 'Bengal Files' Not Screening in West Bengal? Calcutta HC Questions State on Cinema Owner Threats
Bench questions State on alleged threats to cinema owners; next hearing scheduled for 26th September 2025
The Calcutta High Court on Tuesday heard a Public Interest Litigation (PIL) filed over the non-screening of the film The Bengal Files in West Bengal despite no official ban by the State.
The matter was taken up twice during the day, with the first call delayed due to heavy water-logging in the city after overnight rains, which disrupted court attendance. On the second call, arguments commenced, with the petitioners contending that the State is duty-bound to ensure protection for theatre owners and viewers wishing to exhibit or watch the CBFC-certified movie.
The Bench of Justice Sujoy Pal and Justice Smita Das De questioned whether media reports indicating a special screening in Kolkata could be relied upon and asked whether there was evidence of threats to cinema hall owners from the State.
Advocates Shoumendu Mukherji, Nikunj Berlia, Megha Sharma, Aniruddha Ghosh, and Urvashi appeared for the Petitioner.
Petitioners relied on a public statement by the film’s director Vivek Agnihotri, alleging intimidation of exhibitors despite the nationwide release on September 5.
When pressed by the Court, the State Counsel admitted he had no instructions on whether the movie had been screened anywhere in West Bengal.
The Court directed the State to obtain instructions and fixed the matter for September 26, refusing the State’s request to push it beyond the Puja vacations. The Bench underscored that issues concerning film releases are time-sensitive, observing that “every week new movies are releasing” and such matters cannot be delayed.
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.
Case Title: Sayan Kansabanik v. State of West Bengal
Hearing Date: September 23, 2025
Bench: Justice Sujoy Pal and Justice Smita Das De