CBFC withdraws orders refusing certification to Punjabi film ‘Chardikala’
Key Highlights
- The Central Board of Film Certification (CBFC) has withdrawn its orders refusing certification to the Punjabi feature film ‘Chardikala’.
- The High Court had observed that the impugned orders were passed in contravention of Section 4 of the 1952 Act.
- The power under Section 4 now stands delegated to the Chairperson, Central Board of Film Certification.
Punjab and Haryana High Court Intervenes in Controversial Film Certification Case
The Punjab and Haryana High Court has intervened in a highly contentious case regarding the certification of the Punjabi feature film "Chardi Kala", which was refused The Regional Officer of the CBFC had informed the court that the orders dated May 26, 2026, passed in this regard would be considered afresh, following a letter dated September 6, 2026, issued
The appellant had challenged the orders of the Examining Committee and the Revising Committee, which refused to grant certification to the film. The committees had cited the sensitive nature of the film's theme as the reason for their decision.
However, the High Court observed that the Central Government's direction under Section 7B of the Act was only issued on August 29, 2026, and therefore, there was no order of delegation in favour of the Chairperson or Regional Officer prior to this date.
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The court further noted that the orders passed The High Court observed that these orders came into being in clear contravention of Section 4 of the 1952 Act, which states that the Chairperson has the power to decide on appeals. The court also deprecated the delay caused
High Court Orders Reconsideration of Film Certification Case
The High Court observed that the power under Section 4 now stands delegated to the Chairperson, Central Board of Film Certification, and therefore, the Chairperson is now the competent authority to decide on the appellant's appeal. Satya Pal Jain, Additional Solicitor General of India, appearing on behalf of the Union of India, assured the court that the constitution of the Examining Committee for the purpose of examining the Punjabi film would be done, and the rest of the process would be carried out in terms of Rule 37 read with relevant rules.
The Bench also noted that the appeal was disposed of in the above terms following the withdrawal of the impugned orders. Dheeraj Jain, Senior Advocate, appeared on behalf of the CBFC before the High Court, while Advocate Harlove Singh Rajput appeared on behalf of the appellant.
The court's decision comes as a relief to the film's producers and fans, who had been eagerly awaiting the certification of the film.
Implications of the High Court's Decision
The High Court's decision has significant implications for the film industry in India. The case highlights the importance of following due process and adhering to the guidelines set The court's observation that the orders were passed without considering the Central Government's direction under Section 7B(1) of the Act underscores the need for transparency and accountability in decision-making.
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The film "Chardi Kala" is a Punjabi feature film directed The film has been at the center of controversy due to its sensitive social and political theme. The High Court's decision to reconsider the certification case brings relief to the film's producers and fans, who can now look forward to the film being released in theaters.
The case also raises questions about the role of the Central Board of Film Certification and the Examining Committee in certifying films. The court's observation that the power under Section 4 now stands delegated to the Chairperson highlights the need for clear guidelines and procedures for decision-making.
The High Court's decision serves as a reminder of the importance of following due process and adhering to the law.
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