'Emergency' Faces Setback: Bombay HC Declines To Order Immediate Certification

The release of Kangana Ranaut's much-hyped movie 'Emergency' remains in limbo after the Bombay High Court refused to direct the Board of Film Certification (CBFC) issue a certificate. The court stated that doing so would contradict an order from the Madhya Pradesh High Court.

The film, which was initially set for release on September 6, faced opposition from Sikh organisations. They alleged that it misrepresents Sikhs and demanded a ban. Zee Entertainment Enterprises sought intervention from the Bombay High Court to expedite the certification process.

Senior Advocate Venkatesh Dhond, representing Zee, argued that CBFC had informed Manikarnika Films on August 8 that the film was suitable for public viewing with some modifications. These changes were submitted by August 14.

However, on August 29, CBFC emailed Manikarnika stating that the CD was sealed and requested Ranaut to collect the certificate. But later, due to opposition from Sikh communities, the certificate was withheld.

Concerns Raised by Religious Organisations

The Shiromani Gurdwara Parbandhak Committee raised concerns about the film's content, claiming it hurt religious sentiments. A source mentioned that "Religious sentiments cannot be hurt. There is some sensitive content in the movie," indicating that the Centre was taking these concerns seriously.

Two Sikh organisations filed a Public Interest Litigation in Madhya Pradesh High Court against the movie. In response, CBFC confirmed that no certificate had been issued yet, leading to the petition being disposed of.

Court's Stand on Certification Process

Advocate Abhinav Chandrachud, representing CBFC, argued that a certificate is not valid until signed by the Board's chairperson. He also noted that issuing a certificate would breach the Madhya Pradesh High Court's order.

The Bombay High Court acknowledged this but added that once modifications are made and sealed by CBFC, it should be presumed they have applied their mind before issuing an email confirming this to Manikarnika Films.

Judicial Propriety and Future Steps

The court highlighted that judicial propriety prevents them from directing CBFC to issue a certificate immediately due to ongoing considerations by Jabalpur Sikh Sangat as per MP High Court's directive. They instructed CBFC to consider all objections before certifying the film.

The bench also emphasised that movies involve significant financial investments and cannot be delayed indefinitely. They asked CBFC to resolve these representations before September 19.