'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
February 6,2020

Feb 6: The Income Tax Department on Thursday recovered Rs 65 crores from the residence of Tamil actor Joseph Vijay's financer in Chennai during raids which were carried out in the connection with an alleged tax evasion case linked to AGS Cinemas, said sources.

The department is conducting raids and surveys at Actor Vijay, Financer and Producer Anbu Chezhiyan residences.

Around 38 premises have been covered in the raid.

According to IT sources the counting of money is still on so there are chances that the amount will rise. Vijay's wife was at Chennai home when IT sleuths carried out a raid at his residence.

Speaking on the reports of the Actor being intervened during the shooting of the film, the income tax official said, "Actor Vijay was not picked up between his shooting as reported in some media reports."

The actor was shooting for his upcoming film "Master in Neyveli" when he received the news of the raid.

"Actor Vijay had cut short his shooting and returned to his home immediately after getting the news of raids, now the officials are ready to facilitate him to continue his shooting if he wishes to," sources from Income Tax told news agency.

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News Network
January 23,2020

Jan 23: Calling himself an optimist who believes in the goodness of people, director Kabir Khan says everything these days is being looked at through the prism of religion but India is about more than that.

The director of blockbusters such as Bajrangi Bhaijaan and Ek Tha Tiger said he is happy he has a platform as a filmmaker to present a counterpoint to the prevailing narrative based on religious fault lines.

"I’m an optimist who believes in the goodness of the people. But yes, there is a certain level of bigotry that has crept in. Everything is being looked at through the prism of religion but India is not about that.

"It sounds like a cliché but when I was growing up, I was not aware of my religion. That was the greatness of this country,” Kabir told news agency.

He said he is a product of a mixed marriage and is pained to see the social fabric being tattered.

“I have celebrated the best that Indian secularism has to offer. But to see the greatness of this country being simplified and broken down into religious fault lines is a painful experience,” he added.

According to Kabir, it is dangerous to see history through the prism of religion, whether in cinema or society. But it is important to revisit history to know what happened and one can always find something that is relevant for the present, he said.

The director, who started as a documentary filmmaker, returns to his roots for a five-episode series on Subhas Chandra Bose's Indian National Army, The Forgotten Army: Azaadi Ke Liye, on Amazon Prime, his most expensive project yet.

Asked whether this is a difficult time for filmmakers, Kabir said he believes art thrives in the time of strife and, as a storyteller, his politics will always reflect in his work.

“Every film has its politics and every filmmaker has to reflect his or her politics. Every film of mine will reflect my politics and it will never change according to the popular mood of the audience. But a film should not be just about that. Politics should be in the layers beneath," he said.

He terms his 2015 Salman Khan-starrer Bajrangi Bhaijaan an "extremely political" film. At face value, it can also be enjoyed as the story of a mute Pakistani girl who drifts into India and is taken back to her homeland by a Hanuman devotee. But there is so much more. The "chicken song", for instance, was a sly reference to the beef ban controversy at the time, he said.

"I won’t say it is a difficult time for me as a filmmaker. It is good that I have a platform where I can talk and present a counterpoint and I refuse to believe that the entire country believes the narrative that is being sent out. There are millions and millions of people, and perhaps the majority, that does not believe. And if I present the counterpoint, they will think about it.”

Discussing his new series, the director said it has always fascinated him that the sacrifice of the men and women who comprised the INA is just a forgotten footnote in history.

“I wanted to make something that stands the test of time. It goes down in posterity,” Khan, who first explored the subject in a Doordarshan documentary 20 years ago, said.

For the documentary, he traveled with former INA officers Captain Lakshmi Sahgal and Captain Gurbaksh Singh Dhillon from Singapore to India via erstwhile Burma, retracing the route that the INA followed.

“The documentary got me a lot of attention and acclaim but the story just never left me. It's actually the first script I ever wrote and I landed up with that script in Bombay from Delhi. I realised very soon that nobody's going to give me a budget of this size to make my first film.

"And then after every film, I would pick up the script and say, ‘Okay, this is the one I want to make’, because this is the story that made me want to become a filmmaker. On the way, I ended up making eight other films but this is really the story that I wanted to make,” he said.

Kabir is happy that the story has come out as a series, not a film, as it would have required to compromise with the budget and other elements.

"Without giving any numbers, this is the most expensive project I have ever worked on… It required that kind of budget."

Kabir believes the INA was responsible for bringing down the morale of the British establishment, which realised it would be impossible to keep the country colonised without the support of the local army.

"There are a lot of debates and discussions about what happened with the INA and the controversies around it. The whole point is that, if you want to judge what the Army did, sure that's your prerogative, but at least get to know what they did. Nobody knows what happened with the Army from 1942 to 1945."

He added that 55,000 men and women of the INA fought for independence and 47,000 of them died.

"Not a single person from that Army was ever taken back into the independent Army, which is such an amazing fact... the fact that the British called them traitors became the narrative and we also started assuming that they were traitors."

"They were the only women's regiment in the whole world 70 years ago. That's what they thought about women's importance in society. I don't know whether they will be happy with what the current situation is," he said.

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News Network
July 12,2020

Mumbai, Jul 12: The Brihanmumbai Municipal Corporation (BMC) has sealed actor Rekha’s bungalow in suburban Bandra after a security guard there tested positive for coronavirus, a civic official said on Sunday.

The guard at the 65-year-old actor’s bungalow ‘Sea Springs’ tested positive on Tuesday, the official said.

The BMC has put a board outside the premises declaring the are as a containment zone. The security guard has been hospitalised at the BMC’s COVID-19 care facility in Bandra Kurla Complex, he said.

As the bungalow is a standalone one, only a portion of it has been sealed, he said.

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