The Bombay High Court has ordered the Central Board of Film Certification (CBFC) to clear controversial movie 'Udta Punjab' with just one cut and issue a fresh certificate to movie in two days. In a verdict that was cheered by most in India, the court refused to stay the release of the film, as demanded by the board and directed the makers to delete a urination scene.
Calling it a vindication of democracy and fundamental rights, Ameet Naik, lawyer of Phantom Films said, "The only thing that we have conceded is the deletion of the urination scene, which we had offered to do ourselves. There are going to be three disclaimers that we have accepted in court. One, that we do not promote the use of drugs in any form or manner. Two, the expletives are not a reflection of anything else except reality. And three, we are not castigating any State or region."
The court had earlier observed that the CBFC does not have power to censor films. It said that cuts suggested should be in consonance with the Constitution and earlier Supreme Court orders. "'Udta Punjab' is a movie depicting the drug menace based in a place. There is no mention of the word 'censor' in board. Board should use its powers as per Constitution and Supreme Court's directions," the bench observed.
The film had been caught up in controversies ever since CBFC chief Pahlaj Nihalani ordered 13 cuts, including cutting down references to Punjab, elections, political parties, and the reference in the name of the film. One of the producers, Anurag Kashyap appealed to the Film Certification Appellate Tribunal after a Bombay high court order helped them receive the official letter from the CBFC informing them about the cuts.
Meanwhile, a source from the CBFC legal team said moving the Supreme Court is being contemplated. Director Abhishek Chaubey said, "They are entitled to take it to the SC if they want to. We will defend it tooth and nail."
