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HC junks plea against release of ‘Taj Story’
The Delhi High Court dismissed a petition against the film "Taj Story," stating it can't act as a super censor board and advised petitioners to approach the government.
The Delhi high court on Thursday refused to entertain a petition challenging the certificate granted by the Central Board of Film Certification (CBFC) to the Paresh Rawal-starrer “Taj Story” scheduled to hit the screens on Friday. Rejecting the plea seeking a stay on the release of the film, the court said it cannot act as a “super censor board”.
The movie produced by CA Suresh Jha has stirred a controversy since the makers dropped the film poster showing Lord Shiva emerging from the Taj Mahal’s dome.
A bench of chief justice DK Upadhyay and justice Tushar Rao Gedela observed that the Cinematograph Act does not provide any statutory provision allowing the CBFC to review its own certification. “There is no provision for review (of certificate granted by the censor board) in the Cinematograph Act; we can’t issue such a direction. You haven’t done any research…no case laws, nothing. Just because you think something is not right, you will file it? We’re not a super censor board…try to understand our limitations,” the bench remarked.
It added, “We cannot interfere like this. Please understand. You should have drawn our attention as to how the certification given is in violation of the principles laid down in the Cinematograph Act.”
The court remarked that the petitioners, Shakeel Abbas and Chetna Gautam, should have approached the Central government to challenge the certificate, rather than filing a plea in the court, after its counsel Ashish Dixit drew the court’s attention.
To be sure, Section 6 of the Cinematograph Act, 1952, empowers the Centre to declare a film uncertified and pass certain interim measures, such as suspension of the certificate upon an application by the aggrieved person.
With the writing on the wall, the petitioners withdrew the petitions with the liberty to approach the Centre. “Section 6 provides a revisional remedy to a person aggrieved by film certification, and it would be more appropriate for petitioners to approach the central government by invoking the remedy under Section 6. Counsel for the petitioners seeks to withdraw the writ petitions with liberty to invoke the remedy under Section 6. Petitions are thus dismissed as not pressed with liberty as prayed.”
The movie, the petition stated, is based on fabricated facts and has been made with a particular propaganda for spreading a manipulated history by showing misinformation about the 7th Wonder of the World.
It went on to add that the movie’s release without cuts has the likelihood of eroding faith in historical scholarship, provoking communal unrest, and damaging the international reputation of the Taj Mahal, a UNESCO World Heritage Site.
“The movie contains deeply divisive scenes that could provoke communal tensions and disturb peace in society. The film has amplified controversial statements time to time by BJP leaders and other Hindutva organisations, which may spark communal unrest nationwide amid “growing concerns regarding the potentially inflammatory and divisive content of the movie, which may raise apprehensions of inciting communal disharmony,” the petition said.
