“The constitutional right of free expression is powerful medicine in a society as diverse and populous as ours. It is designed and intended to remove governmental restraints from the arena of public discussion, putting the decision as to what views shall be voiced largely into the hands of each of us, in the hope that use of such freedom will ultimately produce a more capable citizenry and more perfect polity and in the belief that no other approach would comport with the premise of individual dignity and choice upon which our political system rests.” [Justice Harlan in Cohen v. California 403 U.S. 15 (1971)] “I disapprove of what you say, but I will defend to death your right to say it” [Attributed to Voltaire in S.G.Tallentyre, The Friends of Voltaire (1907)]

1. The Petitioner, which has produced a documentary film „Had Anhad? (Bounded-Boundless), challenges in this petition an order dated 28th May 2010 passed by the Film Certification Appellate Tribunal („FCAT?) upholding three of the four excisions ordered by the Central Board of Film Certification („CBFC?) by its order dated 5th November 2009 while granting the film a “V/U” Certificate. The facts in brief

2. The Petitioner states that it is a reputed educational institution that produced „Had Anhad? as part of a series of four films around the legacy and teachings of the 15th century poet-philosopher Kabir. It is stated that work on the films started some time in 2003 and concluded in 2009. The Petitioner explains that the films, conceived by the documentary film maker Shabnam Virmani, were “part of a larger project bringing together the experiences of a series of journeys in search of Kabir in the contemporary.” Further, “the journeys inquire into and express the spiritual and socio-political resonances of Kabir?s poetry in the form of documentary films, folk music videos, music CDs and poetry books.”

3. The Petitioner applied for certification for all the four films. The CBFC granted certificates of unrestricted exhibition to three of the four films (other than Had Anhad). The CBFC proposed minor changes in two films which the Petitioner accepted and complied with. As regards Had Anhad the CBFC by an order dated 5th November 2009 directed the Petitioner to carry out four excisions. The Petitioner states that no oral hearing was given to it. After receiving the said order the Petitioner wrote to the CBFC on 15th February 2010 in reply to which the CBFC informed the Petitioner on 22nd February 2010 that: “due to absence of the applicant on the day of examination, the oral views of the committee/hearing were not given. Based on the examination committee?s recommendations, the show cause notice in respect of three documentary films were communicated to you, wherein inadvertently it has been mentioned that the applicants were heard. However, if you are aggrieved of the decisions of the committee/s, it is open to you to prefer an appeal/application along with prescribed fee u/r 24 of Rules before the undersigned to refer the films to Revising Committee. Further, you can also appeal before the Film Certificate Appellate Tribunal situated at New Delhi u/s 5 C of the Act against the decision of Examination Committee/Revising Committee”

4. The Petitioner thereafter appealed to the FCAT which by its impugned order dated 28th May 2010 upheld three of the four excisions ordered by the CBFC.

5.1 The film has been viewed by the Court in the presence of learned counsel for the parties as well as Ms. Virmani. It begins with the film maker taking the viewers first to Ayodhya where she strikes a conversation with a shopkeeper selling VCDs of the demolition of the Babri Masjid that took place on 6th December 1992. The camera briefly shows the said VCD being played on the television set at the shop. Another person joins the conversation. At this stage the film maker seeks to know from them whether the bringing down was the masjid was a good thing. She asks why, when according to Kabi