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Film on riots: Delhi high court admits plea against Censor Board

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Although journalist-turned-documentary filmmaker Shubhradeep Chakravorty (42) died of brain haemorrhage and his soul can rest in in peace as the Delhi high court on Tuesday admitted his wife's plea against the Censor Board's refusal to certify his film "En Dino Muzaffarnagar" which is based on the riots in UP last year and the politics behind it.

Meera Chaudhary, who hails from Muzaffarnagar and also made the film in association with her husband, moved the high court through counsel Prashant Bhushan.

The Central Board of Film Certification (CBFC) on June 30 rejected Chaudhary's application and the Film Certification Appellate Tribunal's (FCAT) subsequently upheld the same under the Cinematography Act.

As per Chaudhary's plea, the censor board had rejected the application on the ground that "the film has the potential of creating communal disharmony and is highly and openly critical to one political party and its top leadership by name and tends to give an impression of the said party's involvement in communal disturbances."

Coming to her rescue, Justice Vibhu Bakhru slammed the Centre for "defending" the CBFC and FCAT on the ground they have cited sufficient reasons while refusing to grant certification to the film.

"The fundamental right guaranteed under Article 19 (1) (a) (freedom of speech) of the Constitution cannot be taken away by whims and fancies of administrative decisions.

"Our forefathers fought for years for the rights enshrined under this Article of the Constitution and it is the duty of the Court to protect such right. Curbing such rights will not only amount to infringement of the rights of film makers, but also of the viewers, who have the right to be informed and view the documentary," Justice Bakhru said .

En Dino Muzaffarnagar, which was premiered at Mumbai's Prithvi theatre, was Chakraborty's fifth documentary after he switched over to the film making from journalism in 2002 to probe the events that led to the Godhra carnage and the subsequent rioting.

The petitioner said the main objective of the film is to make people aware of the politics behind the riots and to create right perception, to create dialogue and debate on the issues to be highlighted in the documentary among journalists, activists and political classes.

It will help in bringing peace and harmony between Hindu and Muslim community, because the film will clear the doubts and suspicions in the minds of both the communities regarding the real reasons behind the riots, the plea also said.

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