A single bench of the Calcutta High Court is likely to decide on a contempt of court plea filed by a group of Bengali filmmakers against the Federation of Cine Technicians and Workers of Eastern India next Tuesday.

A verdict by a division bench of the Calcutta High Court, comprising Justice Reetobroto Kumar Mitra and Justice Tapabrata Chakraborty, refused to interfere in the orders passed by Justice Amrita Sinha, turning down an appeal against the single bench order filed by the state government and others.

“By the order impugned the learned Court had merely directed the Secretary, department of Information and Cultural Affairs, Government of West Bengal to consider the representations of the writ petitioners and to intimate the learned Court the fate of the said representations on the adjourned date. The learned court is yet to decide the writ petitions finally,” the division bench observed in the order made on Wednesday. “In the said conspectus we deem fit not to interfere with the order passed by the learned single Judge.”

The division bench heard the matter on June 25 and July 2.

Dismissing the argument that the state had no role to play, the division bench stated, “… the West Bengal Film Academy which functions under the Information and Cultural Affairs department of the state of West Bengal is a body created ‘to act as an umbrella body/think for all issues related to the film industry’ and ‘to advise on suitable policy interventions on issues related to the film sector, including constraints faced by the producers, distributors, exhibitors and others.”

A section of the filmmakers in Bengal have been vocal against the high-handedness of the Federation run by Swarup Biswas, younger brother of Aroop Biswas, state minister and one of the closest confidantes of chief minister Mamata Banerjee.

Despite the assurance from the chief minister, filmmakers who have fallen foul of the federation have been forced to stall their shoots. The list includes Sudeshna Roy, the secretary of the Directors Association of Eastern India, and one of the petitioners.

The shooting of Roy’s film was stalled this April after most of the technicians walked out from the project without citing any reasons.

Before the division bench, the state’s counsel had argued that the state authorities have no role to play in a dispute between two private organisations and the order impugned would have a snowballing effect and would give rise to multifarious proceedings.

The state government had also argued that the grievances were against a private body (the Federation of Cine Technicians and Workers of Eastern India) and it was neither a trade union nor a wing or directorate of the state government.

The petitioner’s counsel argued that the Federation (led by Biswas) was “interfering with the (petitioner’s) profession and preventing her from work and infringing on her fundamental rights.

The court was also informed that when a standoff occurred last year between the filmmakers and the federation over the blacklisting of a filmmaker, the state government, including the chief minister, had intervened.

“… to resolve the impasse that crippled studios in Tollygunge, the state authorities intervened and thereafter, a review committee was constituted comprising five-members,” reads the order.

On May 20, hearing the contempt petition Justice Amrita Sinha had instructed the state government to appoint an official to ensure that the directors can work without any interference and seek police help, if needed.

“As it has been submitted that the court order is not being complied with, accordingly, the secretary of the department of information and cultural affairs is directed to ensure that the fundamental right of the petitioner is not infringed upon in any manner whatsoever. None should interfere with the right to life and business, trade and profession of the petitioner,” Justice Sinha had said.

“If required, the secretary may seek the help of the jurisdictional police stations to ensure that the petitioner’s work is not interfered with in any manner and the petitioner can perform the work independently without interference from any party whatsoever,” Justice Sinha had said. “Suppose the petitioner faces any difficulty or interference. In that case, the petitioner shall report the same immediately to the secretary of the department, who will take immediate remedial steps on receipt of the complaint, if any.”

Shootings have continued to be stalled despite the high court’s order.

Filmmaker Bidula Bhattacharjee had filed the original petition in March this year, which was followed by similar petitions from several other filmmakers.

The aggrieved filmmakers in a statement released on Friday said, “At least three of our members have been stopped from shooting. The high court had ordered the state government to submit a report taking cognizance of our complaints and suggest remedial measures. Three months have gone by. We haven’t seen any effort from the state government.”