KOCHI: The Kerala High Court on Tuesday directed the Ministry of Information and Broadcasting and Directorate of Film Festivals to allow the screening of certified version of ‘S Durga’ in the 48th International Film Festival of India (IFFI) being held in Goa.The court issued the order while allowing the petition by director Sanalkumar Sasidharan challenging the decision of the Central Government. Sasidharan contended despite the selection of his film by the festival jury constituted as per the Indian Panorama Regulations, the Information and Broadcasting Ministry refused to include it in the festival. In fact, the Ministry took the decision without issuing any notice or citing any reason, the plea stated.
The Centre opposed the petition citing lack of jurisdiction.
The film festival is conducted in Goa and the decision of the Ministry was taken in New Delhi. The court cannot interfere in the matter citing the reason that the characters in the film speak Malayalam and it was shot in Kerala. The film had obtained certification only on October 10. But, it was screened for the jury on October 3. Hence, an uncertified version was screened for them. It was mandatory as per the regulations to get the film certified before the screening.
It is mandatory if the film is not certified by CBFC, its director has to obtain exemption as per the Cinematography Act. No exemption was sought by the petitioner and hence, the film cannot be permitted to be screened at the festival, the Centre submitted. But, the court declined to accept the government plea. The petitioner argued the film was certified by an examining committee constituted within the state and was certified by the regional office in Thiruvananthapuram.
The court observed there was no question on screening the un-certified version and only the certified version can be screened. If the certification of ‘S Durga’ was challenged, then the petitioner would be obliged to prove the certification.
A victory of freedom of speech, says director
Kochi: Director of ‘S Durga’ Sanal Kumar Sasidharan has said the High Court order is not just the victory of a film or a person, but a mighty victory of freedom of speech. “I usually don’t celebrate victories. But, this I can’t stay away. This is the victory of cinema. This is the victory of our democracy. This is the victory of those people from jury who made sacrifices. Cheers India!,” Sanal Kumar said in a Facebook post from Australia, where he is attending the Asia Pacific Screen Awards with a nomination for best director for ‘S Durga’. “Dear India government.. I am a poor, helpless, powerless citizen of India.
I believe that you will safeguard my rights as a citizen which the Constitution has assured me. That is why I am here, as a citizen blindly believing that you will safeguard me. Please don’t abandon me. Please don’t crap my faith in my Constitution... I am nothing, but mind you.. you are not everything!,” he posted on FB.