Bombay High Court to watch movie 'Ajey' about UP CM to resolve censor row

The Bombay High Court on Thursday said that it will watch the film 'Ajey: The Untold Story', before deciding on a plea filed by the movie's makers challenging the Central Board of Film Certification's (CBFC) refusal to certify the film.

The movie, inspired by the book 'The Monk Who Became Chief Minister' is said to be based on the life of Uttar Pradesh Chief Minister Yogi Adityanath.

A Bench of Justice Revati Mohite Dere and Justice Neela Gokhale on Thursday directed the filmmakers to submit a copy of the film, clearly marking the scenes or portions flagged by the CBFC. 

A copy of the book on which the film is based has already been handed over to the Court.

In an earlier order dated August 7, the Court had directed the CBFC to watch the film and share its objections with the filmmakers by August 11 so that they could consider making the necessary changes.

The CBFC’s Examining Committee listed 29 objections on August 11. However, as the filmmakers failed to respond or propose any changes by August 12, the CBFC’s Revising Committee proceeded to watch the film. 

The Revising Committee dropped 8 of the earlier objections but eventually rejected certification on August 17.

On Monday (August 18), the filmmakers sought permission to amend their petition to challenge the Revising Committee’s rejection order. 

The Court then posted the matter for hearing today, to first decide whether the amended plea is maintainable, considering that an appeal mechanism is available under the Cinematograph Act.

Appearing for CBFC, Senior Advocate Abhay Khandeparkar told the Court today that the board had followed natural justice principles throughout the process and that the filmmakers still have a remedy under the Cinematograph Act to appeal before the High Court.

The filmmakers, however, argued that the plea is maintainable before this Court. Senior advocate Ravi Kadam, appearing for them, contended that the CBFC Revising Committee's rejection not only violates the filmmaker’s fundamental rights, but that the CBFC had also acted beyond its jurisdiction by directing them to obtain a NOC from a private individual. (Yogi Adityanath) before the film could be cleared for release.

"They are not the guardians of a private person’s fundamental rights,” Kadam argued.

The Court too observed that even if an alternate remedy exists, the writ jurisdiction of the court cannot be ruled out. 

It also came down heavily on the CBFC for its handling of the matter and failure to uphold natural justice from the beginning.

“You should have done this in the beginning… When did you follow the principles of natural justice? This is an exercise you ought to have done for every film… You have failed to do it,” the Bench remarked.

The matter is posted for further hearing on August 25.

Senior Advocate  Ravi Kadam and Advocates Aseem Naphde, Satatya Anand, and Nikhil Aradhe appeared for Samrat Cinematics (film's producers).

Senior Advocate Abhay Khandeparkar along with Advocate DP Singh appeared for the CBFC