Munmun Kaur
Published On:- February 25, 2022 at 11:07 IST
The Bombay High Court on February 24, held that there can be no prohibition on a Film’s Exhibition in the absence of a challenge to the Censor Certificate issued by the Central Board for Film Certification (CBFC).
The Observation was made by the Division Bench of Chief Justice Dipankar Datta and Justice MS Karnik while dealing with Bunch of Petition against the Alia Bhatt starrer movie Gangubai Kathiawadi.
The Bench said, “There can be no prohibition for the film to be exhibited unless, of course, the certificate issued by the Board is challenged and the Court stays its operation”.
While dismissing the Two Public Interest Litigations( PILs), the Bench observed that the rule of exhaustion of an efficacious alternative remedy applies also in Public Interest Litigation (PIL) as it does in respect of Litigation initiated in the Private Interests.
The Two Public Interest Litigations (PILs) were filed by MLA Amin Patel, a Resident of Kamathipura, who alleged that movie showcased the entire area as a ‘Red-light area’ which also maligns the image of the Gujarat-based Kathiawadi Community as a whole.
The Bench said that even though the High Court has some reservations about the content of the movie or how it depicts any area or affects a particular community, it is altogether impermissible for the Court to interfere as the Petitioners failed to challenge the Central Board Of Film Certification(CBFC) Certificate that was granted to the film in December 2021.
The High Court also advised a title change of the movie however, it observed that such Orders could not be passed in the absence of a challenge to the certificate granted by the Board.
The Bench also refused to Order the makers to increase the duration of the disclaimer because it was the domain of the Censor Board. Although, the Board was advised to project the disclaimer on the screen for a longer duration.
Lastly, the Bench observed that since the Petitioners did not allege any Violation of their Rights, either Fundamental, other Constitutional, or Statutory Rights Grant of relief was a far cry.