Mumbai, June 13: Bombay High Court today shot down all but one cut suggested in Udta Punjab by the film certification board, asking the censors to "stop acting like a grandmother" and leave it to the people.

The court did frown on the growing trend of using copious cuss words in movies but raised the bar for overzealous regulators by saying the audience today was mature and it should be left to the viewers' judgement whether they want to watch such films.

The high court reminded the Central Board of Film Certification (CBFC), which is better known as the "censor board" because of the way it wields the scissors, its primary job is not to cut scenes but to ensure that creative freedom is not abused.

"There is no mention of the word 'censor' in the name of the board. The board should use its powers under the constitutional framework and the Supreme Court's directions," said the division bench of Justices S.C. Dharmadhikari and Shalini Joshi.

"It is an undisputed fact that the CBFC had legal powers to suggest cuts. Creative freedom is not an absolute. But the board must keep in mind that it cannot use its powers arbitrarily. The power should be applied consistently and with constitutional approval and in a manner encouraging to filmmaking. Creative freedom is guaranteed and guided by Article 19 of the Constitution. If that is abused, only then can the CBFC step in," the court said.

Udta Punjab had become a cause celebre because the censor board's directive to remove place names and ensure as many as 90-odd cuts was seen as a clumsy attempt to humour BJP ally Akali Dal in Punjab, which is headed to the polls early next year.

The ruling Akali Dal felt the film, which focuses on drug abuse, was an indictment of its rule, especially since the Opposition had accused the political leadership of patronising drug racketeers.

Yesterday, the censor board, led by its controversial chairman Pahlaj Nihalani, had formally cleared the movie with cuts recommended under 13 heads. ( See chart)

But the court endorsed only one cut - a shot in which the main protagonist, a rock star played by Shahid Kapoor, urinates before a crowd.

The court said: "It is for filmmakers to choose the setting of their films as it is the underlying key to creative freedom. The film is made for adults and no one can dictate to a filmmaker without abusing creative freedom."

The bench wondered why it had to intervene in such a case. "With so many litigants awaiting justice, Udta Punjab is hardly a cause that should be brought to the highest court of the state," it said.

Among the cuts the court rejected was a telling disclaimer suggested by the board that wanted the inclusion of the sentences: "We acknowledge the battle against drugs being fought by the government and police. But this battle cannot be won unless the people of India unite against the menace."

Later in the day, co-producer Anurag Kashyap's lawyer Ameet Naik said: "We have offered disclaimers in three parts: that we are not depicting any state in any manner, the use of words is also not in any bad manner and the message of the film is that it neither propagates the use of any kind of drugs nor does it show the state in a bad light."

After the judgment, the Akali Dal said it had no objection to the release of the film, adding that the people would decide the fate of the film.

The Udta Punjab makers are now racing against time to release the film on June 17 as originally scheduled.

"We hope to get the certificate as soon as possible and if the CBFC wants to go to the Supreme Court, we will fight it tooth and nail again," said Kashyap's lawyer Naik.

Udta Punjab director Abhishek Chaubey hailed the verdict as "a victory for freedom of expression", adding: "I have a lot of work to do now to get the film released on time. I will work all night today."

The court, while coming down heavily on the CBFC, also gently cautioned filmmakers against the growing use of expletives.

"It does not matter that the 19 films that have been mentioned used copious cuss words. Filmmakers will soon realise that only use of expletives will not make a film successful," the court said.

Naik said: "The filmmakers accept the court's note of caution with all humility."

Sources in the Maharashtra BJP said the controversy might ensure that Nihalani is eased out of the censor board in a few months.

"Among the candidates being thought about are Shyam Benegal, Anupam Kher, Ashok Pandit and Madhur Bhandarkar," said a BJP source.

Nihalani was not available for comment after the judgment was delivered but in the morning he had said: "There was a need to stop the kind of language that is being used in television nowadays."

An actor had pointed out that Nihalani himself had cried foul when the then censors had recalled his Shola Aur Shabnam , starring Govinda, for a review. Songs from Andaz, another film by Nihalani, had drawn charges of double entendre, the actor said.

Asked, Nihalani told The Telegraph in the morning that "having greyed and matured, I am a man of changed sensibilities now".