'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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Agencies
August 7,2020

Mumbai,  Aug 7: Unless Maharashtra Government consents to CBI investigation in the Sushant Singh Rajput's death case, it would be illegal, affecting the federal structure of the country, said actor Rhea Chakraborty's lawyer.

The Central Bureau of Investigation (CBI) has registered and continued the illegality which was perpetrated at the hands of Bihar Police in connection with the case, he added.

"The Bihar Government transferred a case with which it had no jurisdiction to investigate, to CBI instead of the Mumbai Police which is the legal position. The Supreme Court is seized of the issue pursuant to the transfer petition filed by Rhea Chakraborty," said Satish Maneshinde Chakraborty's lawyer.

The Supreme Court has directed all parties to file their replies and Mumbai Police is directed to place the report of investigations, he added.

"Pending the said proceedings the CBI has registered and continued the illegality which was perpetrated at the hands of Bihar Police.

CBI being a premier investigative agency in the country should desist from taking any further steps pending the SC proceedings. Apart from the same unless the Maharashtra Government consents to CBI investigating the case ... it would be totally illegal and beyond any known legal principles, affecting the Federal Structure of the Nation," said Maneshinde.

The Special Investigation Team (SIT) of the CBI that is probing high profile cases of Vijay Mallya and AgustaWestland cases will now investigate the Sushant Singh Rajput's death case.

The investigating agency has registered a case against six accused including Bollywood actor Rhea Chakraborty and others in connection with the Rajput's death.

The sources in CBI said that six accused in the case will be summoned soon for questioning and other persons will also be called for examining which was earlier examined by Mumbai police.

Bihar Chief Minister Nitish Kumar had earlier sent a recommendation to the Central Government for CBI investigation in the case filed in Patna based on the complaint of Sushant's father KK Singh against Rhea Chakraborty under sections including abetment of suicide on July 25.

Sushant was found dead at his Mumbai residence on June 14.

Days after Rajput's death, Rhea Chakraborty said she was the "girlfriend" of the 'Dil Bechara' actor while requesting a CBI inquiry in the case.

Chakraborty has also approached the Supreme Court for transfer of investigation to Mumbai in the FIR registered against her in Patna.

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News Network
May 10,2020

Mumbai, May 10: Nearly a month after recovering from the coronavirus, actor Zoa Morani says she has donated her blood plasma to do her bit in helping the patients currently suffering from the novel virus. The actor, who was quarantined and kept under medication in April, also urged those who have recovered from COVID-19 to donate their plasma.

"Donated my blood today for the Plasma therapy trials at Nair hospital. It was fascinating! Always a silver lining I suppose. The team there was so enthusiastic and careful. There was a general physician on standby just incase of emergency and the equipment brand new and safe (sic)," Zoa wrote on Instagram on Saturday.

She thanked the doctors for taking care of her and hoped patients benefit from the donation.

"All #Covid19 recovered people can be a part of this trial, to help others covid patients recover! I hope this works #IndiaFightsCorona. They even gave me a certificate and Rs 500. Wont lie, I felt super cool today (sic)," she added.

Zoa, along with her sister Shaza and father, producer Karim Morani had tested positive for coronavirus in April. All three were discharged from the hospital after testing negative last month.

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News Network
January 28,2020

Bandipur, Jan 28: British adventurer Bear Grylls and superstar Rajinikanth arrived at the Bandipur Tiger Reserve and National Park in Karnataka on Tuesday for shooting a special episode of the show 'Man vs Wild'.

The actor arrived at the location dressed in comfortable sporty clothes. Donning a dark blue jacket and grey track pants, Rajinikanth was also carrying a cross-body sling bag.

Videos and photographs of Rajinikanth arriving at a helipad were shared widely on social media.

Reports say that an agreement was signed between the Karnataka Forest Department represented by the Field Director of Bandipur and Banijay Group, Seventaurus Entertainment Studio Private Ltd, Mumbai for shooting of the documentary in December 2019. The team was also allowed to do a recce from December 27th to 29th as per the agreement, a report said.

The shooting has been permitted for six hours. "Permission for the shooting has been given for Sultan Batteri highway and ranges of Mulleholle, Maddur and Kalkere ranges. They will be shooting in non-tourist zones. If permission was given for the shooting of Wild Karnataka, then this can also be permitted. Also, no tourist or regular forest patrolling activities will be affected. The shooting will be done under special forest protection and no one will be aware of the locations," a forest official was quoted as saying in another news report.

Earlier in 2019, Grylls shot an episode of the show with Prime Minister Narendra Modi.

Grylls is also back with the latest edition of his National Geographic show ‘Running Wild With Bear Grylls’, where actors such as Channing Tatum, Brie Larson, Joel McHale, Cara Delevingne, Rob Riggle, Armie Hammer and Dave Bautista take on adventurous challenges in remote wilderness.

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