'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.

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News Network
March 16,2020

New Delhi, Mar 16: Joining other big names from the industry in raising the awareness about the novel coronavirus, actor Katrina Kaif on Sunday ensured the safety and urged everyone to take all the preventive measures to combat the spread of the virus.

The 36-year-old actor shared a post on Instagram along with a caption that read: "..... hope everyone is staying safe ... please follow all precautionary safety measures as recommended by the health professionals .... exercise and meditation help your body`s immune system ... keep your environment clean and happy."

In the shared post, she is seen posing for the camera along with her girlfriends, all seen in happy faces.

Earlier in the day actor Parineeti Chopra too took to Twitter and urged her fans to adopt social distancing to stop the highly contagious virus from spreading.

This comes three days after the World Health Organisation (WHO) announced coronavirus as a global pandemic.

In the wake of spurt in cases of coronavirus across the country, the Central Government on Saturday decided to treat the deadly virus as a "notified disaster".

As of Sunday, the total cases of coronavirus reported in India is 107, according to the Union Ministry of Health and Family Welfare.

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Agencies
July 31,2020

Mumbai, Jul 31: Maharashtra Leader of Opposition and BJP leader Devendra Fadnavis on Friday said that the Enforcement Directorate should carry out an investigation in actor Sushant Singh Rajput's suicide case.

"There is a huge public sentiment about handing over #SushantSinghRajput case to CBI but looking at the reluctance of State Government, atleast @dir_ed ED can register an ECIR since misappropriation and money laundering angle has come out," tweeted Fadnavis.

Meanwhile, Union Minister Ram Vilas Paswan said that no FIR had been registered in Maharashtra yet and that the case must be handed over to the Central Bureau of Investigation (CBI).

"There is a confrontation between two states and there has been no FIR registered yet in Maharashtra. Chirag (Paswan) had spoken to CM Thackeray that there should be CBI probe. All political leaders are demanding for it. It should be handed over to CBI," Paswan said.

A team of the Bihar Police that arrived in Mumbai on Tuesday, recorded statements of two persons, including actor Sushant Singh Rajput's sister, on Wednesday in connection with the case.

An FIR was filed by Sushant Singh Rajput's father against actor Rhea Chakraborty in Bihar on Tuesday.

Rajput was found dead in his Mumbai residence on June 14.

According to the Maharashtra Police, statements of 41 people, including filmmaker Mahesh Bhatt, film critic Rajeev Masand, director-producer Sanjay Leela Bhansali, and filmmaker Aditya Chopra have been recorded in the investigation so far.

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Agencies
August 2,2020

Mumbai, Aug 2: None of the sim cards that actor Sushant Singh Rajput was using was registered under his name, said the team of Bihar Police, probing his death case, on Sunday.

The team also informed that one of the sim cards that the late actor was using was registered the name of his friend Siddharth Pithani.

"We are now tracking the call detail records (CDRs)," the police said.

The team also said that they will interrogate the family of Sushant Singh Rajput's former manager Disha Salian, who died few days before Sushant's death.

"Even after constant attempts to connect with them on phone, we have failed to establish any contact," it said.

Earlier today, while talking to news agency, the Director-General of Police (DGP) of Bihar Gupteshwar Pandey hinted at the non-cooperation of Mumbai police with his team in their investigation.

"We don't have post-mortem report details, CCTV footage or any information that has been collected by Mumbai Police during probe till now. Our Chief Minister has requested the Maharashtra Chief Minister to ask his police force to cooperate with us," the DGP added.

When asked if Bihar Police want CBI probe into the case, he said, "We are more than capable of doing an unbiased investigation. We hope that Mumbai Police will cooperate with us and we'll conclude the investigation."

Rajput was found dead at his Mumbai residence on June 14. Mumbai Police who was investigating the case had earlier informed that they have recorded the statements of 41 people, including filmmaker Mahesh Bhatt, film critic Rajeev Masand, director-producer Sanjay Leela Bhansali, and filmmaker Aditya Chopra so far.

A team of Bihar Police is in Mumbai to probe the actor's death after an FIR was filed by Rajput's father KK Singh against late actor's girlfriend Rhea Chakraborty in Bihar in connection with the death case under several sections including abetment of suicide.

The Enforcement Directorate (ED) had also registered an Enforcement Case Information Report (ECIR) in Rajput's death case. ED registered the report after an FIR was filed by his father against Chakraborty.

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