MUMBAI: “The state’s first and foremost task is to protect Article 19 of the Constitution, which guarantees freedom of writing, speech and expression as fundamental right,” says former Bombay high court judge Mridula Bhatkar, questioning the propriety of the Central Board of Film Certification’s (CBFC) move to stay the screening of ‘Khalid ka Shivaji’, a Marathi film which is in the eye of a storm following objections from a group of protestors.
After watching the film at a special screening last week, Bhatkar pointed out, “While the board’s decision, prima facie, falls within the ambit of section 6 (1) and (2) of the Cinematograph Act, 1952, the manner in which they were invoked seems arbitrary and contrary to the principle of natural justice. It was in a hurry to stay the release of the film.”
She called the state government’s stance “shocking”, and noted that its response to the pressure was in line with a trend catching on across the state. “I call it bonsai-fication of democratic values – a band of activists take the law into their hands, coerce the authorities into submission and issue diktats on, say, a book, a play or a film in the name of history. Soon, the decibel level rises and charges that history is being distorted keep flying in the air. Maharashtra’s tradition of healthy and constructive public debate is on the wane. Dissent is germane to a robust democracy,” she said.
Pointing out that once the CBFC issues the screening certificate, backed by an affirmation by a panel of experts, Bhatkar said, “It is strange that it should re-examine its own decision following protests by over-zealous groups.”
Thumbing through the dog-eared pages of her law notes, Bhatkar referred to Article 19 (1) (a) which guarantees the fundamental right to freedom of speech and expression to all citizens. Stating that the freedom, however, was subject — and rightly so — to several reasonable restrictions under Article 19 (2) in the interest of sovereignty, security, public order, decency, morality and other specified grounds, she said, “It is clear that ‘Khalid ka Shivaji’ is not a threat to India’s security interests or territorial integrity.”
Bhatkar’s over three decades-long innings in the legal profession coincided with far-reaching changes in the field of law and jurisprudence. Having served in the city civil court for 16 years, she was appointed judge of the Bombay high court in 2009. Later, she functioned as chairperson of the Maharashtra Administrative Tribunal, with judicial review powers, between April 2020 and April 2025. She has several books, including a collection of Marathi poems, to her credit.
Recalling the Manohar Patil versus the government of Bombay state judgment of February 6, 1950, Bhatkar said it was one of the first celebrated cases of freedom of speech and expression. Patil, the editor of ‘Mashal’, a Mumbai-based bi-lingual (Marathi-Gujarati) weekly, was in the dock for penning an editorial allegedly inciting public violence.
The prosecution had built its case around the word ‘revolution’, which Patil, a Communist, had used in the editorial while exhorting India’s toiling masses to overthrow Anglo-American imperialism and secure power through revolution. However, M C Chagla, the then chief justice of the Bombay high court, in a landmark judgment, said revolution need not be violent. Chagla further pointed out that India had accomplished revolution through non-violent means, and set aside the Bombay government’s order.
Stating that debate is democracy’s backbone, and ideas its precious limbs, Bhatkar said, “Those in power can’t shirk their responsibility of maintaining social peace by gagging creative freedom.”
After watching ‘Khalid ka Shivaji’ Bhatkar said, “It is a layered film. The little boy is drawn to Chhatrapati Shivaji’s legend after his history teacher recounts in a classroom the fight between the Chhatrapati and Afzal Khan, a general in Adil Shah’s army. The Chhatrapati kills the general in a heroic fight which mesmerises Khalid. While his peers rag him as Afzal Khan because of his religion, the boy, unperturbed by taunts, prepares to play Shivaji Maharaj at a school gathering. It’s a simple story set in a sleepy hamlet in Akola district of Maharashtra. The film captures the mood of the village life, while offering insights into Khalid’s small, brittle world, his hopes and anguish.”
Filmmaker Raj Pritam More belongs to Akola. Many among the film fraternity have expressed surprise that the film should stir a row eight months after the CBFC cleared it. More is said to be willing to expunge the lines the activists have been citing as “distortion of historical facts about Shivaji Maharaj.”
Multiple efforts were made by HT to reach Prasoon Joshi, the chairperson of CBFC, but he did not respond.