Supreme Court Quashes Ban On Film Nanak Shah Fakir

To begin with, the Supreme Court in a landmark decision titled Harinder Singh Sikka v Union of India & Ors in Writ Petition(s) (Civil) No.(s) 313/2018 dated 10 April, 2018 has batted strongly in defence of the right to free speech and expression, which is priceless and this is true especially of artists and actors. Thus, the Apex Court by its landmark order cleared the way for unhindered distribution and screening of the film ‘Nanak Shah Fakir' that faced a fresh challenge from the Shiromani Gurudwara Parbandhak Committee (SGPC). We thus see that finally the Apex Court has put an end to all the speculations to the release of the film ‘Nanak Shah Fakir' which has been in limbo and awaiting approval since April 2015.

While craving for the exclusive indulgence of my esteemed readers, let me inform them that all decks have now been cleared for the release of the film ‘Nanak Shah Fakir' which is based on the life and work of Guru Nanak. The film, which had been earlier approved and later banned by the SGPC and the Akal Takht was cleared for release by the Apex Court on April 10. The Supreme Court Bench comprising of Chief Justice of India Dipak Misra and Justices DY Chandrachud and AM Khanwilkar while frowning at the SGPC which had earlier 'cleared” the film and slamming the vigilante groups attempting to assume the role of the Central Board of Film Certification (CBFC) in deciding whether movies could be screened in public minced absolutely no words in stating explicitly that the CBFC's nod was 'final” and that 'the freedom of expression of an artiste can't be curtailed by a group of private people”.

It may be recalled that the film according to reports had been cleared initially by both the SGPC and the Akal Takht who gave their nod to it. Appearing for the film's producer Lt Cdr HS Sikka (retd) senior advocate Rupinder Singh Suri had said that the filmmakers had taken the SGPC into confidence, screened it before a special committee and carried out suggested modifications. After changes in the film, which in 2015 had won three awards at the 63rd National Film Awards, including the Nargis Dutt award for best feature film on national integration, the SGPC had asked all gurudwaras to help promote the movie.

For my esteemed readers exclusive indulgence, let me also inform them that since modifications were carried out, the producer moved the CBFC again for fresh clearance and got a ‘U' certificate on March 28. On this very day, the SGPC issued a press release saying the film had the Sikh religious body's clearance. But two days later, the SGPC changed its stance which stoked sentiments against the film.

Needless to say, the SGPC and other radical groups started threatening to use violent methods to stall the film's release. The CJI-led Bench of Apex Court expressed its strong disapproval at the attempts by private individuals and groups to stop release of film. It said clearly and categorically that, 'We do not see how any body, group, association or individual can create any kind of disturbance in exhibition of the film.” Very rightly said!

It may be also recalled here that the Apex Court had taken a similar view just recently when some radical Rajput groups like Karni Sena had objected to the release of film ‘Padmavat'. The Apex Court had then clearly stated that, 'Once the CBFC certified a film for release, its screening should not be prevented.” There can be no denying or disputing it.

It is a matter of utmost concern that none other than the CJI Dipak Misra himself had expressed his concern that the tendency to not respect the law of the land was becoming frequent. He said quite convincingly and clearly that, 'If such activities are encouraged, the same has the potentiality to bring in anarchy and cripple the right of freedom of speech and expression.” Who can deny or dispute this indisputable truth?

Truth be told, the film's producer Harinder Sikka had said that the Akal Takht Jathedar Gurbachan Singh had called the film 'a fine example of the promotion of the Sikh faith”. Not just this, both the SGPC and the Akal Takht had given their nod to it at that point of time when it was initially released in April 2015. But four days after its release, the film was withdrawn by Sikka following protests and opposition by both the bodies. Gurbachan denied approving the film and said he had only appreciated the project before the movie was made.

Going forward, the SGPC subsequently formed an eight-member sub-committee to review the movie. In 2016 the SGPC finally approved the film for release. It said that, 'We have no objection in granting you permission to release the film Nanak Shah Fakir”. The SGPC even sent letters asking the film to be shown in schools and to facilitate the promotion of the movie.

Simply put, on March 28, it issued a statement backing the film. But after protests from some members of the Sikh community, the SGPC withdrew its support the very next day! The SGPC also said that it would not allow the film's release. The Akal Takht soon followed suit and banned the film.

To tell the truth, Sikka was left with no option but to approach the Supreme Court. Speaking to journalists after the Apex Court cleared the film for release on April 10, Sikka said that, 'The Supreme Court has made it clear that individuals cannot decide the fate of films. It is the CBFC that makes the decision, and even state governments cannot interfere in its release.” Very rightly said!

Commenting on the flip-flop, Sikka said that, 'I don't know why the SGPC or the Akal Takht have withdrawn their approval despite clearing the film at every stage in 2016. As recent as March 22 this year, the whole of SGPC was on stage in Mumbai for the film's poster launch by Akshay Kumar. Their collective decision was in favour of the film. What happened at the individual level, I don't know. Akal Takht and SGPC are institutions which should not be seen as changing their stance last minute. I have worked with them closely at every stage for one year, and to show the Guru as a light form was their decision too. As for portraying his family as humans, only the Guru was godly, not his family.”

To put things in perspective, the Bench of Apex Court said that, 'It is settled that the certificate granted by CBFC is final and there cannot be any kind of obstruction for the exhibition of the film.” While strongly pulling up the SGPC for withdrawing its decisions supporting the film for release in view of law and order problem, the Bench said that, 'How a committee or private individual can create disturbance for release of the film and not respecting to be governed by law? Once the certificate is granted, unless nullified by superior authority, the producer has every right to exhibit the film in the movie halls. It is potentially to bring anarchy and cripple the right to freedom of expression if any kind of impediment is caused.”

As it turned out, the Bench issued a notice to the States and the Centre and sought their reply by May 8. The Bench also made it clear that, 'A committee or individual can't assume the position that they are the authority to grant certificate and unless they clear, the film should not be exhibited.” It was also directed clearly by the Apex Court to all the states to ensure that the law and order was maintained and no one should be allowed to create disturbances for the release of the movie. All States must comply unconditionally!