"Is There Any Rule Against Films On Constitutional Figures?": Bombay High Court Asks CBFC To Watch 'AJEY', Decide On Its Release

The Bombay High Court has directed the Central Board of Film Certification to watch the film 'AJEY' based on a book written on the life of UP Chief Minister Yogi Adityanath and take a reasoned decision on its release.

A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale were irked to note that despite making a statement on July 17 that it will take a decision as per norms on the film's certification, the CBFC did not watch the film and simply rejected the application of the makers.

The judges noted the contention of the makers that the CBFC without watching the film simply rejected the application by sending an email.

The CBFC has contended that it relied on the scripts and the dialogues, which is sufficient and that there is no mandate to watch the film as such. 

The judges observed that already a film based on the Prime Minister is in the public domain.

"Is there any rule that films based on the persons holding constitutional positions, cannot be certified? There is already a film on the PM. Also, the book, based on which the film in the present case is made, has been there for 8 years now. Tell us by 3 PM if you will watch the film or not," the bench remarked.

During today's hearing, the Judges asked CBFC to be fair as there is a question of lot of people's livelihood as lot of funds are spent.

"Why the hesitation to not watch the film? Over 15 days ago we passed an order and yet you have taken a decision. We keep the matter on Thursday, you decide it by Wednesday," the bench remarked.

CBFC submitted that there was some difficulty since all the members will have to come and watch and film and they were from various parts of the country. Thus it asked for a week's time.

This request was denied by the bench, who stated that the petitioners had pointed out that the CBFC was already in contempt of the court's 17th July order.

"Should we issue contempt Mr Khandeparkar? You (CBFC) are stretching it too far now. You are wasting our time now. There are 134 statements. Make a statment. High time you take responsibility of your actions," the bench orally remarked.

Upon being told that the CBFC would take a decision by Wednesday, the bench dictated its order, "CBFC issued the impugned communication without watching the film in question. It is submitted that despite a statement made on July 17 that it will decide the application for certification within 2 working days, the same has not been done. We have perused the letter dated July 21, issued by the CBFC. Iy appears that the film has not been viewed by the CBFC. Today, on instructions of the CBFC CEO, it is stated that the film would be viewed on or before August 6 (Wednesday) and an appropriate decision will be taken on the same day. We make it clear that the reasoning of the CBFC will have to be strictly in accordance with law."

It further asked the CBFC not to wait for the present order to be uploaded on the website.