COURT CANNOT INTERFERE IF NO CHALLENGE TO FILM’S CERTIFICATE: HIGH COURT | 25 February, 2022

It would be impermissible for the court to interfere in a film in the absence of any challenge to the CBFC clearance, the Bombay high court said while dismissing two PILs on February 23, filed against the use of words ‘Kamathipura’ and ‘Kathiawadi’ in Gangubai Kathiawadi. The PILS were filed by Kamathipura (Bombay) MLA Amin Patel and local resident Shraddha Surve against Sanjay Leela Bhansali’s film. The detailed order of the court is out now.

“Once the film is granted (CBFC) certificate, the producer or distributor has every right to exhibit the film in a hall unless, of course, the said certificate is modified/nullified by a superior authority/court,” the bench of Chief Justice Dipankar Datta and Justice M.S. Karnik said in its order.

“Public exhibition can only be restrained by the Centre” if it is approached under the rules or upon a challenge being mounted to the certificate before the HC and obtaining a stay on the certificate. The HC said, the objection by the producers to the maintainability of the PILs was well-founded. The court added that the apprehension expressed by the PILs merely on viewing the trailer is based on wrong notion and thus ill-conceived.