Creative freedom can't be curtained on apprehension of public disorder: HC on film 'Emergency'
Mumbai (PTI): The Bombay High Court on Thursday said creative freedom and the freedom of expression cannot be curtailed and the censor board cannot refuse to certify a film just because there is an apprehension of a law and order problem.
A division bench of Justices B P Colabawalla and Firdosh Pooniwalla expressed its displeasure with the Central Board of Film Certification (CBFC) for not taking a decision on the issuance of a certificate to Kangana Ranaut-starrer film "Emergency", and ordered for the decision to be taken by September 25.
It asked if the CBFC thinks the people of this country are so naive to believe everything that is shown in a movie.
On the petitioner's claim that the CBFC was delaying issuance of certificate to the movie due to political reasons, the HC noted the film's co-producer Ranaut was herself a sitting BJP parliamentarian and questioned if the ruling party was acting against its own MP.
Ranaut, who has directed and co-produced the film besides playing the lead role of former prime minister late Indira Gandhi, earlier this week accused the CBFC of stalling certification to delay the release.
The bench said, "You (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 don't want the CBFC to sit on the fence."
The court was hearing a petition filed by Zee Entertainment Enterprises, seeking a direction to the CBFC to issue a certificate for the film "Emergency".
The biographical drama, earlier scheduled for release on September 6, is caught up in controversy after Sikh organisations including the Shiromani Akali Dal objected, accusing the film of misrepresenting the community and getting historical facts wrong.
The HC earlier this month refused to any urgent relief by directing the censor board to certify the movie immediately.
The court had said it cannot grant any urgent relief at this stage in wake of the directive issued by the Madhya Pradesh HC asking the censor board to consider objections to the movie before certifying it.
The bench had then directed the censor board to take its decision on issuance of the certificate to the film by September 18.
On Thursday, senior counsel Abhinav Chandrachud, appearing for the CBFC, told the court that the board's chairman has referred the movie to the revising committee for final decision.
Chandrachud said there was an element of apprehension of public disorder.
Senior counsel Venkatesh Dhond, appearing for Zee Entertainment, said this was done just to buy time and ensure the movie does not release before October, when elections are to be held in Haryana.
The bench noted the CBFC had not complied with its earlier order and had simply passed the buck from one department to another.
The HC said the entire exercise by the censor board had to be completed by September 18.
It was not for the CBFC to come to a conclusion that there may be a law and order problem and hence a movie cannot be certified, it said.
"This has to stop. Otherwise we are completely curtailing creative freedom and freedom of expression by doing all this," the HC said.
"Does the CBFC think the public in this country is so naive and stupid to believe everything they see in films? What about creative freedom?" it asked.
The court also wondered as to why people have become so sensitive towards what is being shown in movies.
"We don't see why people are so sensitive. My community is made fun of all the time in movies. We don't say anything. We just laugh and move on," Justice Colabawalla said in a lighter vein.
While Chandrachud sought two weeks time, the court said the decision has to be taken by September 25.
Dhond argued the movie was not being issued a certificate due to political reasons.
The bench, while questioning the political angle, asked if the petitioner was claiming the ruling party was itself against Ranaut, who is the co-producer of the film and also BJP Lok Sabha member.
"The co-producer herself is a BJP MP. She is also part of the ruling party. So you are saying her own party is against its member?" the court asked.
Dhond claimed the ruling party was willing to displease a sitting parliamentarian just to appease a particular section of society.
Zee Entertainment in its plea claimed the CBFC had already made the certificate for the movie but was not issuing it.
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India, Jamaica agree to boost trade, skilled mobility: Jaishankar
Kingston (PTI): India and Jamaica agreed to further strengthen trade linkages and explore cooperation for recruitment and mobility of skilled professionals, including healthcare workers and teachers, External Affairs Minister S Jaishankar said.
Addressing a joint press conference here after talks with his Jamaican counterpart Kamina J Smith on Monday, Jaishankar said the discussions were comprehensive, and they reviewed the entire gamut of bilateral ties, identifying new avenues to deepen the partnership.
"We signed several important agreements and discussed effective implementations of MOUs which have been recently concluded in the fields of digital transformation, cultural exchange, sports and digital payments to ensure tangible outcomes on the ground," he said.
India recognised Jamaica's growing role as a logistics hub and gateway to the Caribbean for trade and investment, Jaishankar said.
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"We agreed to further strengthen trade, business and investment linkages, explore cooperation for recruitment and mobility of skilled professionals, including nurses, healthcare workers and teachers," he said.
The two sides also discussed expanding cooperation in defence and security, healthcare, digitisation, agriculture, education and infrastructure, the minister said.
Highlighting development cooperation as a key pillar of ties, Jaishankar noted the successful completion of the Improving Rural Livelihoods Project in Kitson Town in March 2026, implemented with Indian assistance of USD 1 million under the India-UN Development Partnership Fund, benefiting over 200 individuals and impacting thousands more.
He said India is also discussing the feasibility of establishing an artisan empowerment hub in Jamaica and reiterated support for the country's recovery following Hurricane Melissa.
As part of humanitarian assistance, India has supplied relief material, deployed a medical team and is in the process of providing 30 dialysis units. It is also sending 40 fishing boats and 200 GPS units to aid recovery efforts.
The ministers reaffirmed close cooperation in multilateral fora and discussed issues such as reformed multilateralism, climate justice and priorities of the Global South.
India appreciated Jamaica’s support for its candidature for a non-permanent seat at the UN Security Council for 2028-29.
Both sides strongly condemned terrorism in all its forms and called for early finalisation of the Comprehensive Convention on International Terrorism.
Jaishankar also highlighted growing people-to-people ties, noting the popularity of yoga and Ayurveda in Jamaica and the contribution of the Indian diaspora to the country’s development.
He announced a contribution of two million Jamaican dollars towards celebrations marking 181 years of the arrival of Indians in Jamaica on India Heritage Day.
According to the website of the High Commission of India in Kingston, Jamaica has an Indian diaspora of around 70,000 people whose forefathers came mostly from Uttar Pradesh and Bihar as indentured labour between 1845 and 1917. Some also came from South India.
The diaspora constitutes around 3 per cent of Jamaica's population and continues to nurture an abiding interest in Indian culture, music, dance and history, serving as a cultural bridge between the two countries. May 10 is observed as India Heritage Day in Jamaica.
Later in the day, Jaishankar interacted with Jamaica’s industry and business leaders, underlining the need to deepen economic engagement as countries diversify partnerships globally.
“Emphasised that as we all diversify and seek reliable partners, the imperative to deepen India-Jamaica business ties is that much stronger,” he said in a social media post, noting that the potential for bilateral and regional economic cooperation should be "explored more vigorously".
He also appreciated Industry Minister Aubyn Hill for convening the interaction with business leaders.
Jaishankar arrived in Kingston on Saturday, marking the first leg of his nine-day tour of Jamaica, Suriname, and Trinidad and Tobago, aimed at further strengthening India's strategic and cultural ties with the Caribbean nations.
