The Supreme Court on November 20, 2017 dismissed another plea to stay the release of the controversial movie Padmavati and initiate criminal prosecution against its Director Sanjay Leela Bhansali. It made it amply clear that it wants the Censor Board to come to an independent and considered decision on certifying the movie. This is the right step in the right direction and the Supreme Court’s decision has come at the right time which must be respected by all.
It is worth mentioning here that the Delhi High Court had also recently turned down a plea seeking to set up an expert committee to ensure that historical facts were not distorted in Sanjay Leela Bhansali’s period drama film ‘Padmavati’. Noting that the PIL against the release of the film was “hopeless” and “misconceived”, the Delhi High Court said that such pleas only encourage people who are agitating against the period drama.
The three-Judge Bench led by Chief Justice Dipak Misra said the Supreme Court cannot stop a statutory body like the Central Board of Film Certification (CBFC) from doing its statutory duty of certifying a film by “prematurely” ordering a stay on its release.
Be it noted, the CJI Dipak Misra further went on to add that, “Five members see a movie. Once they see it, they discuss it among themselves and suggest cuts. Before they do anything, they give the film-makers an opportunity to be heard to convince them not to cut the scenes in question.” He said that in case of any grievance, there is the Film Certification Appellate Tribunal.
It also cannot be lost upon us that the Apex Court, in its order, said the film is yet to be certified by the CBFC and that “our interference will tantamount to pre-judging the matter.” In fact, the petitioner advocate ML Sharma began by arguing that the movie indulges in the “character assassination” of the 13th century Queen Padmavati. He submitted before the court that, “The Queen was not a dancer. She was a warrior’s wife and a warrior herself”.
The Supreme Court also observed that “Those holding public offices should not comment on such issues.” Needless to say, the Chief Ministersof Rajasthan, Gujarat and Madhya Pradesh had said that they will not allow the movie to release even if it is cleared by the censor board. — Sanjeev Sirohi
(The writer is a Meerut-based advocate)
