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Allow screening of documentary on Kashmir violence: HC to CBFC

Last Updated 25 May 2015, 15:42 IST

Delhi High Court today directed the censor board to issue a certificate for public screening of a documentary on people affected by violence in Kashmir, without any cuts.

Justice Rajiv Shakdher directed the Central Board of Film Certification (CBFC) to allow exhibition of the movie without deletion of any scenes as proposed by it to deny certification to the documentary.

The court passed the direction while allowing the plea of Pankaj Butalia, the producer-director of the film - "Textures of Loss".

While reserving its order on April 10, the court had observed that film making was a creative process and neither the tribunal nor the courts can tell a filmmaker how to make a movie.
It had also said that threat of violence, a ground taken by CBFC to make the cuts, cannot take away constitutional rights.

It had said one may or may not agree with a filmmaker's views, 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 had challenged the December 2013 and September 2014 orders of CBFC and the Film Certification Appellate Tribunal (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 was allowed for public screening.

Butalia, however, had contended that if Shahid Kapoor starrer "Haider" can be screened despite having explicit scenes and showing the army in a bad light, why was he being asked to make cuts in his documentary and insert disclaimers.

CBFC and FCAT, defending their stand, had termed the scenes they want to be deleted as a "powder-keg" and added that they apprehended these could lead to a violent situation.

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(Published 25 May 2015, 15:42 IST)

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