SRISHTI SCHOOL OF ART, DESIGN & TECHNOLOGY
THE CHAIRPERSON, CENTRAL BOARD OF FILM CERTIFICATION
By Justice S Muralidhar, in the Delhi High Court.
The Petitioner, which has produced a documentary film “Had Anhad”, part of a series of four films around the legacy and teachings of Kabir. The films were conceived by the documentary film maker Shabnam Virmani.
I disapprove of what you say, but I will defend to death your right to say it.
The effect of the words must be judged from the standards of reasonable, strong minded, firm and courageous men, and not those of weak and vacillating minds, nor of those who scent danger in every hostile point of view.
The visuals and words presented in the film cannot be viewed in isolation. They have to be viewed as part of the whole film.
The burden is on the state to show that the benefit from restricting the freedom is far greater than the perceived harm resulting from the speech.
The film Had Anhad will forthwith be granted a “V/U” certificate of unrestricted viewing by the CBFC without any of the excisions directed in terms of the impugned orders of the CBFC and the FCAT. The writ petition is allowed with costs of Rs.10,000/- which will be paid by the Respondent Union of India to the Petitioner within four weeks.