Film 'Lalibazar' Screening Halted by Court Order Amidst Controversy

Kathmandu. The screening of the film 'Lalibazar', which was preparing to be released to the public from Friday, has been stopped for the time being due to a legal dispute. The film's screening has been halted after the Patan High Court issued a short-term interim order not to screen the film until Baishakh 22.

The artists and technicians of the film, who were in the midst of promotional activities and preparing for the 'premier show' on the eve of the screening, have become disappointed by the court's order. The production unit has become disappointed after the premier show, scheduled for Tuesday evening, was also postponed at the last moment.

Roshan Nepali had filed a writ in court on Monday, alleging that the film had misrepresented the history and identity of the Badi community. The writ claimed that the film had tarnished the character of the Badi community by associating their identity solely with 'sex work' and spreading negative messages in society.

Hearing the writ, which claimed that the film contained scenes and dialogues that would increase shame and mental stress among the younger generation of the Badi community, a single bench of Justice Prakash Dhungana issued an order not to screen the film until Baishakh 22.

The court has stated that hurting the dignity and self-respect of any caste, religion, or community is against the constitution.

Artists Say – Interference with Freedom of Expression

The film industry has become agitated due to the halt in the screening of the film 'Lalibazar' because of the court's order. Film personalities have called the stopping of a film that has already received clearance from the Film Certification Board (Censor Board) based on a single person's complaint as an 'interference with freedom of expression'.

In protest of this, many artists, with the solidarity of the Film Producers Association, Film Association, and Directors' Society, held a peaceful demonstration at Maitighar Mandala on Wednesday, demanding that the film's screening be allowed.

Film director and critic Manoj Pandit stated that films have been attacked by the court many times. He believes this happens due to a lack of unity among artists.

'The judiciary does not understand the sensitivity of film,' Pandit said, 'Whenever film-related cases arise, decisions are made disregarding the release date or by circumventing the film's release.' He emphasized the need for the judiciary to understand the sensitivity of films.

Film director Ganeshdev Pandey stated that no one has the right to stop creative rights. 'In India, when the censor board stopped the film Udta Punjab, the court ordered it to be censored within 24 hours, keeping the release date in mind,' Pandey added, 'The court should also be sensitive to the film's subject matter. It would have been better if the court had not stopped the film after the censor board had passed it.'

He believes that wrong exercises are being done regarding the film's subject matter.

Janakdeep Parajuli, president of the Directors' Society, considers the halt on the film as an interference with the director's creation.

'A creator should be able to create freely,' Parajuli said, 'It is regrettable that our creation has been stopped based on a writ petition filed by one person, for a film that has been reviewed and passed by a body of the Government of Nepal, the Film Certification Board.'

Senior producer Ashok Sharma believes that the court should not make such decisions by hearing only one side. 'We have completed the censor process that needs to be done before the film's release,' Sharma said, 'The Badi community has no objection. They have been with us since the early stages of film production.'

Actor and Film Producers Association General Secretary Khagendra Lamichhane states that the halt on the film is an interference with creation.

'Various struggles and movements have taken place in different periods. Those movements were to establish a high level of democracy in the country,' Lamichhane said, 'In that context, our demand is that we should be able to make films freely, fully utilizing the freedom of expression.'

He mentioned that the constitution also provides rights for this. Lamichhane stated that filmmakers do not intentionally spread social hatred, and if they do, the government's censor board is there to stop it.

What do Legal Professionals Say?

Advocate Krishna Dhungana believes that the court's order to halt the film 'Lalibazar' cannot be called an interference with freedom of expression. He opines that it is everyone's duty to obey the court's order according to the law.

'Currently, only a short-term order has come from the single bench. A decision on whether the order will continue or not will be made after hearing both parties on the 22nd,' Dhungana said, 'If the interim order is quashed, the path for the film's release will open.'

He argued that while it is natural for artists to speak up for their rights, directly calling the court's order an 'interference' could be legally risky.

Advocate Swagat Nepal calls the film's halt an attack on freedom of expression. Stating that filmmaking itself is a modern medium of journalism, he expressed the view that many countries worldwide consider it under the right to information.

'When a regulatory body of the Government of Nepal, the 'Central Film Certification Board' (Censor Board), has reviewed and granted permission for screening, it is wrong for the court to impose a ban again,' Advocate Nepal said, 'If every film's decision is to be made by the court, then the relevance of bodies established by the state, such as the Censor Board, will be nullified.'

He argued that while many foreign films that spoil Nepali society and culture are running freely in Nepal, it is not appropriate to create obstacles in various pretexts when Nepali creators try to tell their original stories.

Advocate Nepal said, 'When a film is stopped just before its release, there is a risk of the producer's huge investment being lost. With halls booked, significant amounts spent on promotion, and a release date set, such orders coming in lower the morale of investors.'

He believes this will undermine the entire Nepali film market.

'Actor: Take One' Halted Previously

The film 'Actor-Take One', which had completed all processes from registration at the Film Development Board to censorship, was also stopped previously. This film, scheduled for release in Mangsir 2081, was halted the day before its release due to an interim order from the Kathmandu District Court.

The court had stopped its screening based on a lawsuit filed by the producer of another film named 'Actor', claiming the names were similar.