Bombay High Court has ruled that drug drama Udta Punjab can be released with just one cut and a new disclaimer. A revised certificate will be issued in 48 hours, the court said on Monday afternoon, paving the way for a release in India on Friday — but a UAE release this week is still uncertain.
It was a triumphant day for the makers of the star-studded drama about the rampant use of drugs in the north Indian state of Punjab.
Last week, India’s Central Board Of Film Certification (CBFC) ordered 89 cuts and drastic changes including the removal of names of cities in Punjab, any references to “election” and even the renaming of a pet dog called Jackie Chain. The producers of the film, including Anurag Kashyap, had moved the Bombay High Court against the CBFC. On Monday, the court heard the arguments from both sides and its observations have come down heavily on the certification body.
The good news: the dog’s name will remain, but the scene showing the central character Tommy Singh, played by Shahid Kapoor, urinating in public will have to go, the court said on Monday afternoon.
The HC said it did not find anything in the film’s script that shows the state in bad light or affects the sovereignty or integrity of India as it was claimed by CBFC.
The court also said that CBFC is not empowered by law to censor films, as the word censor is not included in the Cinematograph Act.
The judgement is considered a victory for freedom of expression among creative artists in the Hindi film industry. Co-producer Anurag Kashyap, who led the charge against the CBFC, tweeted ‘I believe!!!’.
“The hard work of the lawyers has paid. I am terribly pleased with the verdict. I hope films will be viewed in context and there won’t be a blanket on cinema,” director Abhishek Chaubey told reporters outside the high court.
“Today I salute the courage of my producer and the hard work that my lawyers have put. Now, the film has been passed and we’re going to fight for the release on June 17. I am terribly pleased with the verdict and relieved,” he said.
The Bombay High Court also ruled that there was no political motive behind making the film.
A division bench of Justices S C Dharmadhikari and Shalini Phansalkar-Joshi presided over the court rulings.
Ameet Naik, a lawyer representing the Udta Punjab team told reporters outsite the court: “The disclaimer is the following: We are not propagating the use of drugs, we are not putting any state in a bad light and we do not support the use of cuss words. In short, this is what we have agreed to.”
CBFC’s CEO Anurag Shrivastav told PTI: “We acknowledge the verdict of the Bombay High Court. We work as per the guidelines. We work in difficult conditions and try to be honest with a film.”
Following the verdict, the mood of the Udta Punjab team soared.
Kapoor, who has not been doing interviews to promote his film, as would have been expected in the run-up to a release, tweeted: “”#UdtaPunjab will fly and so will the voice of freedom and expression. Thank you all for the support. This is your victory,”
The film’s leading lady, Aalia Bhatt, tweeted, “And finally #UdtaPunjab will flyyyyy!! Here’s to freedom of expression, to our judiciary, to the industry, to the media and to YOU ALL!!”
Other prominent filmmakers such as Karan Johar, Madhur Bhandarkar and Kabir Khan was quick to hail the judiciary’s judgement.
“Landmark judgement! Bombay High Court has reminded the CBFC that its job is to certify and not censor. It will set a precedent for future films. Yes, one shot was deemed ‘not necessary’, which is bad but I am happy for the larger win. Change will come, slowly,” tweeted Neeraj Ghaywan, director of acclaimed film Masaan.
The film’s director, Abhishek Chaubey, told an Indian news channel that he is relieved by the court’s judgement and is looking to release the film on the scheduled date — June 17.
However in the UAE, its release looks doubtful as the film on Monday morning was dropped from cinema listings for June 16. The National Media Council, the local authority which clears films in the UAE, told tabloid! on Monday that it is still deliberating on whether to release the film.
The Udta Punjab censorship controversy has also raised another pertinent question, the fate of CBFC chief Pahalaj Nihalani. Many filmmakers, including Mukesh Bhatt, had called for his resignation.
Reacting to the court’s comments, Ashoke Pandit, a member of the CBFC and prominent filmmaker told tabloid!, “The court’s verdict is very encouraging to the film industry and it becomes easier to fight such cases. As a CBFC member, I do have a role. I, too, could have watched the film when it came for certification. But Nihalani does not allow anyone and watches himself. It’s a one-man show at the CBFC and it’s a pity it has reached this level.
“Earlier too, films faced cuts but this has never happened. Being inside the CBFC, I feel this body is suffocating the film industry. Moreover, his decision has nothing to do with the government. If the government was indeed involved, do you think the trailers could have been shown?” He sums up with the words,”The verdict is fantastic. The judiciary is indeed the pillar of our society.”
The CBFC on Sunday night had revised the 89 cuts, including the words “elections”, “MP”, “MLA”, “party” and others, which the court said did not violate the election code of conduct. The film was not made with Punjab polls in mind, it added. “Filmmakers have chosen to make the film the way they wanted and it is not anyone to say unless creative freedom is abused.”
The court also nixed the demand of CBFC to delete an image of a signboard with “Punjab” on it and cut the names of various cities in that state.
A close-up scene showing drugs being injected doesn’t necessarily justify the consumption of drugs, the court stated.
As for the use of swear words, the division bench observed that it is for the viewers to judge. The film is made for adults who are mature enough, it said.
