Delhi High Court today reserved its verdict on a plea challenging censor board's decision to deny certification for public screening of a documentary on people affected by violence in Kashmir till the filmmaker incorporates the proposed cuts.
Justice Rajiv Shakdher reserved the judgment after he concluded hearing arguments addressed on behalf of the Central Board of Film Certification (CBFC) and the Film Certification Appellate Tribunal (FCAT) as well as Pankaj Butalia, the producer-director of "Textures of Loss".
During the hearing, the court observed that film making is a creative process and neither the tribunal nor the courts can tell a filmmaker how to make a movie.
The court said "it is not a majoritarian state" and the Constitution is for the minorities.
It also said that threat of violence, a ground taken by CBFC to make the cuts, cannot take away constitutional rights.
It said one may or may not agree with a filmmaker's view, but that cannot be a reason for stopping it from being shown unless there is a gross violation of the guidelines and provisions of the Cinematograph Act, 1952.
Butalia in his plea has challenged a December 2013 and September 2014 orders of CBFC and FCAT, respectively.
Both the authorities, in their respective orders had directed Butalia to insert a disclaimer as well as make cuts in the documentary before it is allowed for public screening.
Butalia, however, has contended that if Shahid Kapoor starrer "Haider" can be screened despite having explicit scenes and showing the army in a bad light, why is his documentary being asked to make cuts and insert disclaimers.
CBFC and FCAT, defending their stand, termed the scenes they want to be deleted as a "powder-keg" and added that they apprehend these could lead to some violent situation.
