In the wake of the Central Board of Film Certification (CBFC) refusing to certify the film Ka Bodyscapes after viewing it a fourth time in Thiruvananthapuram in July end, the Kerala High Court has found the body and its former chairman Pahlaj Nihalani guilty of contempt.
It has also asked the board, whose members were divided over clearing the film for public viewing, to go by the majority decision. The screening in Thiruvananthapuram was organised by the CBFC at the instance of the court, but it deferred a decision on certification.
On August 14, in a letter addressed to the film’s director Jayan Cherian, the body said the chairman, Mr. Nihalani, thought it prudent not to certify the film in the absence of a consensus among the board members.
The High Court, however, expressed surprise over the remarks, saying: “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 has been rebutted conclusively. We deem it appropriate to describe the turn of events as unfortunate (sic).”
In their order, Chief Justice Navaniti Prasad Singh and Justice Raja Vijayaraghavan maintained that the chairman would only have a say if there was a tie. The decision of the majority prevailed otherwise. There was no provision that said the decision of the board should be unanimous, the Bench said, asking the CBFC to purge itself of contempt by going by the majority decision.