'Udta Punjab' gets HC nod with one cut, modified disclaimer

June 13, 2016

UP

Mumbai, Jun 13: The Bombay High Court today cleared the decks for the release of movie 'Udta Punjab', whose makers were locked in a dispute with the Central Board of Film Certification, after ordering deleting a urination scene and displaying a revised disclaimer.

The court also came down heavily on the CBFC and asked it not to act like a "grandmother", and change with times. A division bench of Justices S C Dharmadhikari and Shalini Phansalkar-Joshi directed the CBFC to certify the drug-themed film within 48 hours to enable the makers to release it on its scheduled date of June 17.

"Barring the deletion of the urination scene as directed by the board and modification of the disclaimer, the June 6 order passed by the CBFC's revising committee directing for a total of 13 changes in the movie is quashed and set aside," the court said.

The bench, however, refused to stay its order on a plea made by CBFC counsel Advait Sethna to enable the board to appeal against it in the Supreme Court, saying the filmmakers have already spent a lot on the movie and its promotion and distribution.

The court, which was hearing a petition filed by Anurag Kashyap's Phantom Films challenging the CBFC order, came down heavily on the board for curbing a creative person's work.

"Do not act like a grandmother. Change as per the times now. The CBFC need not be over-sensitive in the matter of art. The CBFC cannot stop creative people abruptly as it may discourage them. This will kill creativity. These days filmmakers are brutal, direct and straightforward. One need not treat them harshly just because of this," the HC said.

The court further noted that the CBFC is not empowered by law to censor films, as the word censor is not included in the Cinematograph Act.

"Censor in common parlance means to certify a movie. Therefore, if by law the board is empowered to make changes, cuts, or deletions, this power of the CBFC must be consistently in consonance with the provisions of the Constitution and the Supreme Court directions," Justice Dharmadhikari said.

As per the revised disclaimer, the 'Udta Punjab' makers will have to delete reference to Pakistan. They will also have to make additions to the disclaimer to the effect that the movie, its characters and the filmmakers do not promote the use of drugs and abusive language, and that the film is only attempting to depict the reality of drug abuse.

On cutting out the urination scene, Justice Dharmadhikari said, "The CBFC is justified in directing deletion of the scene as the shot was unnecessary given the backdrop and the theme of the movie. Instead of this particular scene, the filmmaker could have taken recourse to other methods to depict the same."

The court noted that it has read the film's script and does not find anything in it that shows Punjab in a bad light or affects the sovereignty, integrity or security of India.

"It is undisputed that the CBFC possesses powers to call for cuts, changes, deletions in a movie while certifying it. These powers come into play if the film affects the sovereignty, integrity or security of India, foreign relations, public order, and or is likely to incite commission of an offence. There is a heavy burden on the authority to show that the restrictions imposed are reasonable," the bench observed.

In the present case, the CBFC-imposed restrictions were not correct. The movie has to be seen as a whole and it was not permissible to take the characters, scenes and songs in isolation and out of context, the judges said.

"It is open for a creative person to select the background, setting and accordingly weave the story. It is entirely on the creative person to choose the setting, pattern, underlying theme and storyline.

"Creative freedom allows use of certain words as per the choice of the filmmaker. Nobody can dictate to him as to how the movie should be made or its content," the court said.

The bench said it was in agreement with the petitioners that there was an increasing menace of drug abuse amongst the youth in Punjab.

"The film is meant for adult viewing. If a maker chooses this way of depicting the movie and a subject, then it is not for anybody to restrict it. Like the CBFC, even we would be happy if better words were coined and used by the filmmaker," the judges said.

The court said one must not forget that the movie is a work of fiction.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 28,2020

Mumbai, Jan 28: A 33-year-old woman has written to the National Commission for Women (NCW) alleging that Bollywood choreographer Ganesh Acharya used to make her watch porn videos whenever she visited his office in Mumbai.

In a complaint filed with the police, the woman, an assistant choreographer, has alleged that Acharya and two women assaulted her during a function of the Indian Film and Television Choreographers Association (IFTCA) held in suburban Andheri on Sunday.

Besides Acharya, the complainant, Divya Kotian, has named Jayashree Kelkar and Preeti Lad in her complaint for assault, a police official said on Tuesday.

Calls made to Acharya for his reaction remained unanswered.

In her letter to the NCW, Kotian, a resident of suburban Bhayandar, claimed that Acharya forced her to watch adult videos whenever she visited his office.

In her complaint with Amboli police station, Kotian alleged that Acharya was demanding a commission from her for working in the film industry.

Kotian is also a member of the IFTCA.

Acharya, who was elected as a general secretary of the IFTCA, used to frequently call the complainant at the office in Andheri, the police official said quoting the complaint.

On January 26, when Kotian reached the IFTCA office, Acharya shouted at her and announced that she was being "suspended", he said.

Acharya grew furious after Kotian told him that she is a member of the IFTCA and allegedly asked his team member, Jayashree Kelkar, to slap her, the police official said.

"Kelkar and Preeti Lad hit me in public view which was captured on the CCTV," the complaint stated.

Police have registered a non-cognisable (NC) offence and investigating, the official added.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 21,2020

Kolhapur, Feb 21: Voicing against Citizenship (Amendment) Act (CAA), renowned lyrics and thinker Javed Akhtar has said that the act was an assault to secularism and integrity of India and with the ongoing protests, the nation had reached a threshold for an another struggle.

Speaking here on Thursday night at an event organised on the 5th death anniversary of CPI senior leader and progressive leader Com Govind Pansare, Mr Akhtar said the newly amended citizenship act was a plot to split the country.

Mr Javed said that communalism has a deep root in India and it spread after the formation of Hindu Mahasabha and Muslim League in British India. "Muslim league got Pakistan but Hindu Mahasabha is still unsatisfied," he alleged and added that BJP was now 'working as a branch of RSS' and trying to 'split the country' through NRC.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
February 7,2020

Kochi, Feb 7: The younger brother of noted playback singer K J Yesudas was found dead in the backwaters near here, police said.

The body of 62-year old K J Justin, who had reportedly gone missing from his house in Thrikkakara near here on Tuesday evening was found floating in the backwaters near Vallarpadam Container Terminal on Wednesday, they said.

The relatives identified the body, police said adding it was later sent for autopsy at General Hospital here.

A General Hospital spokesperson said the body was handed over to his relatives on Thursday evening after autopsy was performed.

The funeral is expected to be held after the arrival of Yesudas from abroad, police sources said.

Police said the initial investigation suggested it was a case of suicide.

According to police, Jusin's relatives have informed the investigation team that he had been showing signs of suicidal tendency for the last one week as he was allegedly facing some financial problem.

His relatives were not available for comments.

Son of the renowned musician late Augustine Joseph, Justin is survived by his wife.

Justin had been a regular presence at popular ganamela programmes here in the past, sources said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.