‘Emergency’ to miss Sept 6 release; HC refuses to direct CBFC to issue certificate immediately
Mumbai (PTI): Kangana Ranaut’s film ‘Emergency’ didn’t get any relief on Wednesday from the Bombay High Court which refused to pass any order in the wake of a directive by the Madhya Pradesh HC directing CBFC to consider objections to the movie before certifying it.
The film was scheduled to release on September 6 but will now be pushed back for two weeks as the HC directed the censor board to consider the objections raised against the film and then certify it by September 18.
The film’s producer Zee Entertainment Enterprises had moved the Bombay HC seeking a direction to the Central Board of Film Certification (CBFC) to issue certificate for the biographical drama ‘Emergency’, helmed by actor-MP Kangana Ranaut.
The plea claimed that the censor board was ready with the certificate but was not issuing it apprehending law and order unrest after the movie’s release.
A division bench of Justices B P Colabawalla and Firdosh Pooniwalla on Wednesday accepted the producer’s contention that the certificate was kept ready but not issued.
The bench said once the certificate was issued online to the makers of the film, the CBFC's contention that the certificate was not issued as it was not signed by the chairperson is incorrect.
The court, however, noted it would have directed the CBFC to issue the certificate on Wednesday itself had there not been an order from the Madhya Pradesh HC.
“We know that there is something else happening behind. We don't want to comment on it. The CBFC shall consider the objections and take a decision by September 18,” it said.
The Madhya Pradesh HC on Tuesday heard petitions filed by Sikh groups claiming that the film contains scenes that may hurt their religious sentiments and may hence cause unrest.
The CBFC had claimed there that the movie had not yet been issued a certificate.
The Madhya Pradesh HC then directed the censor board to consider the representation of the petitioner Sikh groups raising objections to the film before issuing the certificate to the movie.
The CBFC was directed to carry out this exercise and decide expeditiously.
During the hearing of the petition filed by Zee Entertainment, the Bombay HC on Wednesday said that while it was with the petitioner on the issue it cannot grant any relief in the wake of the order passed by the Madhya Pradesh HC.
“The Madhya Pradesh HC has given the CBFC a direction. If we give any relief today then it would be directly in contravention to that order. We will be asking CBFC to breach another HC order if we pass any order today. We cannot do that. Judicial propriety demands that of us,” the bench said.
Scheduled for release on September 6, the biographical drama is caught in a controversy after Sikh organisations including the Shiromani Akali Dal objected, accusing it of misrepresenting the community and getting historical facts wrong.
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MP HC sets up judicial commission to probe water contamination in Indore
Indore (PTI): The Indore bench of Madhya Pradesh High Court on Tuesday set up a commission of inquiry comprising a former HC judge to probe the issue of water contamination in city's Bhagirathpura, saying the matter requires probe by an independent, credible authority and "urgent judicial scrutiny".
It also directed the commission to submit an interim report after four weeks from the date of commencement of proceedings.
A division bench of Justices Vijay Kumar Shukla and Alok Awasthi constituted the commission while hearing several public interest litigations (PILs) filed simultaneously regarding the deaths of several people in Bhagirathpura due to the consumption of contaminated water.
The HC reserved the order after hearing all the parties during the day, and released it late at night.
The state government on Tuesday told the HC that the deaths of 16 people in Indore's Bhagirathpura area was possibly linked to a month-long outbreak of vomiting and diarrhoea caused by contaminated drinking water.
The government presented an audit report of 23 deaths from the current gastroenteritis epidemic in Bhagirathpura before the bench, suggesting that 16 of these fatalities may have been linked to the outbreak of vomiting and diarrhoea caused by contaminated drinking water.
The report, prepared by a committee of five experts from the city's Government Mahatma Gandhi Memorial Medical College, stated that the deaths of four people in Bhagirathpura were unrelated to the outbreak, while no conclusion could be reached regarding the cause of death of three other people in the area.
During the hearing, the high court sought to know from the state government the scientific basis behind its report.
The division bench also expressed surprise at the state government's use of the term "verbal autopsy" in relation to the report, sarcastically stating that it had heard the term for the first time.
The HC expressed concern over the Bhagirathpura case, stating that the situation was "alarming," and noted that cases of people falling ill due to contaminated drinking water have also been reported in Mhow, near Indore.
In its order, the HC said the serious issue concerning contamination of the drinking water supply in Bhagirathpura area allegedly resulted in widespread health hazards to residents, including children and elderly persons.
According to the petitioners and media reports, death toll is about 30 till today, but the report depicts only 16 without any basis or record, it said.
It is averred that sewage mixing, leakage in the pipeline, and failure of civic authorities to maintain potable water standards have led to the outbreak of water-borne diseases. Photographs, medical reports, and complaints submitted to the authorities prima facie indicate a matter requiring urgent judicial scrutiny, the HC said.
"Considering the gravity of the allegation and affecting the right to life under Article 21 of the Constitution of India and the need for an independent fact-finding exercise, the Court is of the opinion that the matter requires investigation by an independent, credible authority," it said.
"Accordingly, we appoint Justice Sushil Kumar Gupta, former judge of the Madhya Pradesh High Court, a one-man commission of inquiry into the issues relating to water contamination in Bhagirathpura, Indore, and its impact on other areas of the city," the HC added.
As per the order, the commission shall inquire into and submit a report on the cause of contamination -- whether the drinking water supplied to Bhagirathpura was contaminated; and the source and nature of contamination (sewage ingress, industrial discharge, pipeline damage etc).
The panel will also probe the number of actual deaths of affected residents on account of contaminated water; find out the nature of disease reported and adequacy of medical response and preventive measures; suggest immediate steps required to ensure safe drinking water as well as long-term infrastructural and monitoring reforms.
It will also identify and fix responsibility upon the officers and officials found prima facie responsible for the Bhagirathpura water contamination incident, and suggest guidelines for compensation to affected residents, particularly vulnerable sections.
The commission shall have powers of a civil court for the purpose of summoning officials and witnesses; calling up records from the government department, hospitals, laboratories and civic bodies; ordering water quality testing through accredited laboratories; conducting spot inspections.
All state authorities involving district administration, Indore Municipal Corporation, public health engineering department and Madhya Pradesh Pollution Control Board shall extend full co-operation and provide records as sought by the commission, it said.
The state government shall provide office space, staff, and logistical support to the commission, it said.
During the hearing in the day, the state government also presented a status report to the court in this matter.
According to reports, a total of 454 patients were admitted to local hospitals during the vomiting and diarrhea outbreak, of whom 441 have been discharged after treatment, and 11 are currently hospitalised.
According to officials, due to a leak in the municipal drinking water pipeline in Bhagirathpura, sewage from a toilet was also mixed in the water.
