Kolkata: In his PIL objecting to the release of ‘The Diary of West Bengal’, the petitioner had contended that the Sanoj Mishra directed movie had communal undertones as depicted in lines like ‘Mamata’s love for Rohingya Muslims is letting the Hindus go homeless’.
One of the characters in the film’s teaser further can be seen to utter the words ‘Bengal is becoming a lot like Kashmir,’ the petitioner said.
But, the Calcutta High Court refused to stay the release of the movie, saying that criticism is expected in a healthy democratic setup.
“We are in a democratic setup and any healthy criticism by way of a biopic, I don’t know. If suppose X,Y and Z are said to have been criticised in the movie, if they are aggrieved, let them come! Where are we heading to? There are a lot of serious issues to deal with,” Chief Justice Chief Justice T. S. Sivagnanam of Calcutta High Court remarked Thursday, while citing previous Supreme Court judgments that refused to ban the release of films, books, or dramas.
The chief justice also suggested to the lawyer, Joy Saha, to be a co-petitioner if he felt aggrieved after watching the movie.
“West Bengal is a tolerant society. All citizens of West Bengal for years together have undergone pain. They have become sort of immune to the system. Where are we heading to? We will have a lengthy hearing. No one is compelling you to read the book or see the movie, don’t like it shut the book. Don’t purchase a ticket to see the movie,” Chief Justice Sivagnanam said.
At this junction, senior advocate Joy Saha highlighted Section 5B of the Cinematographic Act, 1952, which prohibits certification of release to a movie if the contents are against public order, decency or morality, among others.
The high court then asked the petitioner to approach the Central Board of Film Certification (CBFC) regarding their concern. “You seek for a cancellation of the certification,” added the chief justice.
The CBFC informed the judges that the trailer submitted by the petitioner in a pen drive was not certified by it, a point contested by the petitioner who said that the clip was downloaded from YouTube.
Directed and written by Sanoj Mishra, the movie released Friday is set in the backdrop of 1971 Bangladesh Liberation War, tracing the story a Hindu widow’s life in West Bengal where she arrives.
Lawyer Rajib Kumar Jha, a resident of Kolkata, had filed the PIL— a copy of which was accessed by ThePrint—earlier this month to seek a stay on the movie’s release.
“The said cinematograph film/original curated content, if released, shall cause communal violence, especially after the violence that has occurred in the state of Bangladesh and moreover as the state of West Bengal is its bordering state and the release of the film would affect the classes of person who has been mentioned in the trailer of the said film shall be affected and there will be a state of unrest and anarchy in the state of West Bengal thereafter,” the PIL reads.
The Calcutta HC has now listed the matter for hearing after three weeks.
(Edited by Tony Rai)
“Mamata’s love for Rohingya Muslims is letting Hindus go homeless.” What kind of mindset, in a country where 80 crore people rely on aid, would come up with such a divisive statement? Mishra and others who think like him need psychological help.