The Bombay High Court, upholding freedom of speech and expression, directs the Central Board of Film Certification (CBFC) to certify Chand Bhuj Gaya, a controversial film based on the 2002 Gujarat riots

On November 4, 2004, the Bombay High Court paved the way for the release of Chand Bhuj Gaya , a film based on Godhra and the post-Godhra riots that took place in Gujarat in 2002. The film had earlier run into trouble with the Central Board of Film Certification (CBFC) refusing to grant it certification on grounds that it contained scenes capable of igniting communal passions.

A high court bench comprising Chief Justice Dalveer Bhandari and Justice D Y Chandrachud, who watched the film, directed the CBFC to issue the appropriate certification.

“The certifying authorities had misconceived the scope of their power and jurisdiction. And the reasons constitute a clear infringement of the fundamental right of the producer… Artists, filmmakers and playwrights are affirmatively entitled to allude to incidents which have taken place. Ours is a mature democracy,” says the order.

The film, produced by Faiz Anwar, is based on a love story between a Hindu boy (played by Faisal Khan) and a Muslim girl (Shama Sikandar), in riot-torn Gujarat.

Anwar applied for certification in September 2003 but was refused on grounds that the film contained scenes that could lead to communal disharmony. “The censor board objected to a character who resembled (Gujarat chief minister) Narendra Modi. This was a stupid reason to deny me a certificate,” says Anwar.

The judges said that no democracy could allow a lid to be put on events that took place in society, and that the court had the right to intervene when the constitutional rights guaranteeing freedom of speech and expression were being breached.

Source: The Indian Express, November 6, 2004