The Central Board of Film Certification has repeatedly refused to comply with Kerala High Court's orders to certify Malayalam movie 'Ka Bodyscapes".
After three continuous refusals by CBFC, Kerala High Court said that "We must confess that we are surprised and taken aback on reading the said communication. In our earlier order, we had noted a presumption that the Board Members were educated and literate. The tenor of the communication proves that the presumption entertained by us was wrong. Or alternatively, we have been forced to conclude that the presumption had been rebutted conclusively. We deem it appropriate to describe the turn of events as unfortunate."
In the contempt hearing on 16.08.2017, the Division Bench of Chief Justice Navaniti Prasad Singh and Justice Raja Vijaya Raghavan expressed ire on the Board for the casual treatment of court orders. As per the provisions of Cinematograph (Certification) Rules 1983, the Court observed that there is no need of unanimity in the decision and the decision of the board has to be taken by voting.
Another final chance has been given to the board now to comply with the court's orders.
The next hearing is on 29.08.2017.
Facts: Court order
CBFC was directed by the High court to review the movie, but instead, the revising committee came to the forefront and violated court's orders. Despite the non-compliance of the earlier orders, the Court granted another chance to the Board giving strict instructions that only the board should review the movie and not the revising committee. Again, the movie was screened before the revising committee and the board justified its action saying that the chairman of the board was also present at the time of the screening
After repeated violations by the board, the court came down heavily on the board saying that the members of the board are well-educated to follow the directions given. The court also observed that the authority of the Chairman and that of the board is different, thereby giving third chance to the board to comply the directions given.
Understanding the gravity of the situation, the Board finally reviewed the movie and informed Mr. Jayan Cherian, the director of 'Ka Bodyscapes', that the film was not suitable for public exhibition and hence the certification of the movie was being refused. It was also mentioned in the order that there was no unanimous decision among the board members.