Kangana Ranaut’s Emergency faces delays as Bombay High Court directs CBFC to decide by September 25

A still from the teaser of ‘Emergency’ movie.

In a major set-back to actor-turned-politician Kangana Ranaut’s movie ‘Emergency’, the Bombay High Court on Thursday (September 19, 2024) directed the Central Board of Film Certification [CBFC] to decide whether to release the film or not by September 25, 2024. With this decision of the High Court, the makers of the film face further delay in releasing the film in theatres, adding more financial trouble.

The matter took interesting turn when the co-producers of the film, Zee Entertainment Enterprises on Thursday (September 19, 2024) informed the Division Bench of Justices Burgess Colabawalla and Firdosh Pooniwalla of the Bombay High Court that the Kangana Ranaut, who is an actor, filmmaker and politician serving as a Lok Sabha Member of Parliament from Mandi since June 2024 is facing difficulties at the behest of the Bharatiya Janta Party [BJP].

Representing Zee, senior advocate Venkatesh Dhond submitted, “The CBFC is purposely delaying the release of Emergency. The Board wants the film to be released only after the elections in Haryana in October are over. Kangana Ranaut, the co-producer of the film, is a BJP MP and the party [BJP] do not want a film which hurts the sentiments of certain communities by a BJP member at a time when elections are around. I can say that all this is happening at the behest of the ruling party BJP, at the Centre. They are looking at their overall interests and thus do not want this film to be released. Ms. Ranaut has been asked to maintain discipline but I do not want to delve into this much.”

Hearing Mr. Dhond’s submission, Justice Colabawalla asked, “So you mean to say that it will affect the voting decision of people voting for the BJP? Why would someone ruling in a State want to thwart the film made by their own member? Had it been that the State was ruled by some other Opposition party, we could have considered it. Why do people get affected like this? My community is made fun of in almost every film. We laugh along and do not consider it is against our community. So does that mean that the ruling party at the Centre is acting against its own MP?”

Appearing for the CBFC, advocate Abhinav Chandrachud said the CBFC is yet to make a final call on the certification of the film as there are objections on the release of the film by the Sikh community. “Madhya Pradesh High Court has passed an order asking the Board to consider the representation of a certain community. Considering that, the Board has sent it to the review committee. The chairman has referred the matter to the review committee. He cannot decide suo moto.”

Expressing displeasure over the delay in the release certificate of the film, the Bench said, “The CBFC have to take a decision one way or the other. You must have the courage to say this film cannot be released. At least then we will appreciate your courage and boldness. We do not want the CBFC to sit on the fence. Take a decision one way or the other by September 25.”

Mr. Chandrachud also pointed out certain scenes in the film and said that a person who is a polarising figure of a specific religious persuasion is seen ‘cutting a deal’ with political parties and CBFC’s revising committee has to ascertain its factual accuracy.

Justice Colabawalla said, “This is not a documentary. Do you think people of our country are so naive that they will believe whatever is shown in the film? What about creative freedom? There are billions of internet users in our country. This issue of objecting to the release of films needs to stop, otherwise what about the creative freedom and the freedom of speech and expression in our country? Creative freedom and the freedom of expression cannot be curtailed and the Censor Board cannot refuse to certify the film based on an apprehension of a law and order problem.”

Adjourning the matter for further hearing on September 25, 2024, Justice Colabawalla directed the CBFC, “You must decide by September 25 whether you want to release the film or not. We will appreciate the stand of the CBFC whatever it is. We will decide the issue even if you say that the film should not be released.

“Zee Entertainment Enterprises in their plea filed on September 3, 2024, contended that without certification, the film could not be screened in theatres. This hurdle would cost the entire film team and people associated with the film irreparable harm,” the plea said. It also violated their fundamental right to free speech and right to carry on their profession under Articles 19(1)(a) and 19(1)(g).

Emergency, a biographical political drama, explores the significant historical period of the declaration of national Emergency in India in 1975. The film’s trailer was released on August 14, and gained more than 3,00,000 views on YouTube. Soon after the trailer’s release, public interest litigations were filed in the High Courts of Madhya Pradesh and Punjab, seeking a halt on the film’s release, and alleging that the film misrepresented the Sikh community.