F. A. Picture International vs Central Board of Film Certification, Mumbai & another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2004 Supreme(Bom) 1500

IN THE HIGH COURT OF BOMBAY
Bhandari Dalveer, C.J. Chandrachud D.Y. (Dr.), J.
F.A. Picture International .... Petitioner.
Versus
Central Board of Film Certification, Mumbai another.... Respondents.
Writ Petition (Lodg.) No. 2456 of 2004, decided on 5-11-2004.
Advocates appeared :
P.A. Sabastian with Chetan Kapadia i/b Law Loyals, for petitioner.
Rajiv Chavan with Ms. Akhila Kaushik, for respondents.

Headnote:Cinematograph Act, 1952 - Section 5B(2) - Constitution of India, Article 19(1)(a) - Exhibition of film. - Decision of Authority, refusing to certify a film for exhibition, entrenching upon fundamental right to freedom of speech and expression, unjustified. - The Central Board of Films Certification (’CBFC’) refused to certify the film feature "Chand Bujh Gaya" for exhibition. The Film Certification Appellate Tribunal affirmed that order. The certifying authority furnished three reasons. According to the authority, the footage of the film after the seventh reel contained gruesome communal violence which "it is felt" will foment communal disharmony. Secondly, the authority asserted that certain characters and incidents were identifiable with actual personalities and individuals which may lead to public disharmony. Thirdly, it asserts that violence in the State of Gujarat is a live issue and a "scar on national sensitivity". The certifying authority was of the view that exhibition of the film would "aggravate the situation". Both the certifying authority as well as the Tribunal have, misconceived the scope and function of their powers and jurisdiction. Films which deal with controversial issues necessarily have to portray what is controversial. A film which is set in the backdrop of communal violence cannot be expected to eschew a portrayal of violence. Both the certifying authority and the appellate Tribunal were of the view that certain characters and incidents were identifiable with actual personalities and individuals. This again was a most impermissible ground to reject the certification of a film. The decision of the Central Board of Films Certification entrenches upon the fundamental right to the freedom of speech and expression. The protection of the Constitution does not extend only to fictional depictions of artistic themes. Artists, film makers and play rights are affirmatively entitled to allude to incidents which have taken place and to present a version of those incidents which according to them represents a balanced portrayal of social reality. It is not merely the function but the duty and responsibility of the Court to intervene. Free speech and expression is a value which is fundamental to the functioning of a democratic society. The certifying authority and the Tribunal were palpably in error in rejecting the film on the ground that it had characters which bear a resemblance to real life personalities. The constitutional protection under Article 19(1)(a) that a filmmaker enjoys is not conditioned on the premise that he must depict something which is not true to life. The choice is entirely his. The orders passed by the Central Board of Films Certification and by the Appellate Tribunal are unsustainable and must be quashed and set aside. AIR 1986 SC 515, (1989) 2 SCC 574, AIR 1988 SC 1642, AIR 1993 SC 171, (1988) 1 SCC 668, AIR 1996 SC 1846, WP No. 2863/03 dated 3.3.2004 - Relied on .

JUDGMENT - CHANDRACHUD D.Y. (Dr.), J.: - "Chand Bujh Gaya" is a feature film produced by Faaiz Anwar. The film dwells on the travails of a young couple - a Hindu boy and a Muslim girl - whose friendship and lives are torn asunder in riots in the State of Gujarat. The Central Board of Film Certificate ('CBFC') refused to certify the film for exhibition. The Film Certification Appellate Tribunal affirmed that order. The producer is before the Court under Article 226 of the Constitution. For the reasons that we now proceed to record, we have come to the conclusion that the reasons which weighed with the CBFC and the Tribunal constitute a clear infringement of the fundamental right of the producer under Article 19(1)(a) of the Constitution. We hold that the reasons are unsustainable and that certification for the film could not lawfully have been refused.

2.Besides "Chand Bujh Gaya", Mr. Faaiz Anwar states that he has been associated with the production of several films, among them "Dil Hai ke Manta Nahi", "Sajjan" and "Vijay Path", "Chand Bujh Gaya" was produced under the banner of F.A. Picture International with an aggregate footage of 11602 feet comprised in 15 reels. On 22nd September, 2003 the petitioner applied for certification of the film for public exhibition to the regional office of the CBFC at Calcutta. The film was examined by the Examination Committee. On 24th September, 2003 the petitioner received an intimation that the Committee recommended a refusal of certificate to the film for the following reason :

"The film from the end of Reel No. 8 contains visuals as well as dialogues, which may have the danger of inciting communal violence among the people. Besides, a large number of visuals are extremely terrifying and as such unsuitable for public exhibition."

3.The petitioner by a letter dated 16th October, 2003 communicated a willingness to change the contents of dialogues and visuals which could not be certified in the view of the Committee. Thereupon after discussions with the Examining Committee the petitioner carried out deletions and alterations after the eighth reel reducing the footage of the film to 10,966 feet. The revised footage was submitted on 8th December, 2003 to the first respondent at Calcutta. On 12th December, 2003, the CBFC informed the petitioner that the Committee had recommended that the certificate be refused for the following reasons :

"The film from after Reel No. 7 has depicted the following :

1. Gruesome communal violence, which, it is felt will forment communal disharmony.

2. Certain characters and incidents which are clearly identifiable with actual personalities and individuals, the public exhibition of which may lead to public disharmony.

3. The Gujarat violence is a live issue and a scar on national sensitivity. Exhibition of the film will certainly aggravate the situation."

4.In a reply dated 22nd December, 2003, the petitioner noted that the original objection was to certain visuals and dialogues from the end of the eighth reel. The petitioner stated that in the backdrop of those objections alterations were made, despite which, it was now sought to be contended that the contents of the film from the seventh reel were contrary to national interest. The petitioner highlighted that the message of the film was the futility of all communal violence, a theme which was reflected by the fact that in the film, the main actor and actress are killed by persons who belong to their own respective religions. The petitioner noted that the film neither glorified violence nor demeans any religion. The plea of the petitioner was that any further deletions would weaken the film as a piece of art and dilute the message of communal harmony which was the driving force underlying its making. The CBFC declined to alter its view in its letter dated 19th January, 2004 which led to the filing of an appeal before the Film Certification Appellate Tribunal. The Tribunal affirmed the decision of the certifying authori

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2004 Supreme(Bom) 1500

Cases Referred (2)