Don't act like grandmother': HC allows Udta Punjab release with one cut

Mumbai: The Bombay High Court on Monday rapped the Central Board of Film Certification (CBFC) for the cuts it ordered in the film 'Udta Punjab', saying ‘mere references, signboards of Punjab does not affect sovereignty and integrity of India.’ The decision by the court has come as a big relief for the makers as they can now release the film with only one cut and a revised disclaimer.

A Division Bench of Justices SC Dharmadhikari and Shalini Phansalkar Joshi heard the plea filed by Udta Punjab's co-producer Phantom Films against 89 cuts suggested by the Central Board of Film Certification (CBFC) in the movie. 

Explaining that the movie delves into how the youth in Punjab have succumbed to drugs, lawyer Ameet Naik (representing Udta Pubjab team) said, "It is the freedom of creative artists to offend and they should be allowed to offend."

The Court observed, "Creative freedom envisages presentation and choice of words. Hence the attempt is not to discourage making of films. Board has to ensure drugs not glamourised."

The movie courted a major controversy after it ran into trouble with the CBFC, with officials reportedly demanding 89 cuts in it and the removal of the word 'Punjab' from the title. 

A list of all the cuts demanded by the Censor Board.

Addressing the same, Bombay HC said that CBFC must exercise its powers consistently in consonance with constitutional guarantees of freedom of speech. 

The judge said, "The title contains the word Punjab, so there is no need to delete scene of a sign board showing Punjab."

Observing that adults would not be tempted to use ‘foul language’ simply because they heard it in the movie, the court permitted the film to hit theatres with all the ‘cuss words’ in place.

The court also responded to the CBFC’s demand to delete visual of a Sardar 'scratching’ his sides, pointing out that the scene does not show the community in bad light.

Rubbishing the Censor Board’s apprehension on close up shots of drugs being injected, the judge responded that the sequence does not encourage or glorify drugs.

Another cut demanded by the board was removing the sentence, 'Jamin banzar te aulad kanjar'. Bombay HC observed that it does not suggest anything about the state and added, "Punjab is a land of warriors, they are not that sensitive."

However, the judge maintained that the sequence where Shahid Kapoor’s character Tommy Singh urinates in front of a crowd could be done away with as there was "enough material for the filmmakers to drive home their point even without this scene."

'Udta Punjab' stars Shahid Kapoor, Alia Bhatt, Kareena Kapoor Khan and Diljit Dosanjh. The court has directed CBFC to issue certificate in two days. 

After the hearing, lawyer Ameet Naik addressed the reporters gathered outside the court and said, "We have to delete only one scene (urination). It is a vindication of democracy."

Director Abhishek Chaubey, who was quite elated with the decision said, "Massively relieved today, looking to release the film on the scheduled date."

The Bombay High Court has instructed CBFC to issue a new certificate in 48 hours. Infact, the court also said that so many litigants awaiting justice and 'Udta Punjab' is hardly a cause that ti be brought to the highest court of the state. The lawyer representing the censor said that they will issue the certificate after verifying the changes. Hearing this the judge got angry and ordered them to stop this bureaucratic nonsense and issue the certificate in next 48 hours.

"Do not act like a grandmother. Change as per the times now. The CBFC need not be over-sensitive in the matter of art. The CBFC cannot stop creative people abruptly as it may discourage them. This will kill creativity. These days filmmakers are brutal, direct and straightforward. One need not treat them harshly just because of this," the HC said.

The bench, however, refused to stay its order on a plea made by CBFC counsel Advait Sethna to enable the board to appeal against it in the Supreme Court, saying the filmmakers have already spent a lot on the movie and its promotion and distribution.

As soon as the verdict was out, Diljit Dosanjh, Shahid Kapoor, Alia Bhatt and others took to their social media handle and wrote,