Centre tells HC it will decide representation on '120 Bahadur' movie within 2 days

Chandigarh, Nov 17 (PTI) The Centre told the Punjab and Haryana High Court on Monday that it will decide within two days a representation of petitioners who have challenged the certification and release of the upcoming movie '120 Bahadur', starring Farhan Akhtar.

The bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry disposed of the petition filed by the Sanyukt Ahir Regiment Morcha and others seeking a stay on the release of the movie, which is based on the 1962 Battle of Rezang La.

The petitioner had demanded that the name of the movie be changed from '120 Bahadur' to '120 Ahir Vir' . It sought "factual correction and inclusion of all 120 soldiers' names, and insertion of an appropriate disclaimer".

In the alternative, the film may be declared completely a work of fiction, and not based on true events, the plea said.

Besides the Sanyukt Ahir Regiment Morcha, petitioners included some family members of martyrs from the Battle of Rezang La.

Senior advocate Dheeraj Jain, representing the Union government, told the HC that the Centre will decide the representation of petitioners under Section 6 of the Cinematograph Act within two days.

The battle of Rezang La, which was fought at an altitude of 18,000 feet in the Chushul sector of Ladakh, is acknowledged in the official record of the History Division, Ministry of Defence, as the epitome of collective valour wherein 114 of the 120 soldiers attained martyrdom, according to the plea.

The (Charlie) Company, composed predominantly of (113) Ahir (Yadav) soldiers from Rewari and adjoining regions, defended the Rezang La Pass, the first line of defence of the Chushul airfield, with unparalleled courage and devotion to duty, read the plea.

The petitioners challenged the certification and impending release of the feature film, contending that it purportedly depicts the said battle but "distorts historical truth" by singularly glorifying Major Shaitan Singh as a lone protagonist under the fictionalised name "Bhati," thereby "erasing" the collective identity, regimental pride, and community contribution of the Ahir soldiers who fought and fell beside him.

During the Battle of Rezang La in the 1962 India-China war, Major Shaitan Singh was killed in action and he was posthumously awarded the Param Vir Chakra.

Advocate Abhinav Sood, representing the movie producer Excel Entertainment, opposed the plea and said the objections of the petitioners are founded solely on the basis of a teaser and trailer of the film.

It is settled law that a film cannot be judged, censored, or interdicted merely on the basis of promotional material. The complete film must be evaluated by the competent authority, and only thereafter can any grievance be considered, said Sood.

The petition is therefore misconceived at the threshold, he said.

The plea claimed that the portrayal violates Section 5B(1)-(2) of the Cinematograph Act, 1952, and Guideline 2(xvii) of the 1991 Certification Guidelines which prohibit the exhibition of films presenting a "distorted view of history".

By "suppressing" the collective nature of the battle and substituting the regiment's historical composition, the respondents "violated" the constitutional guarantees of Articles 14, 15, 19(2), and 21, and undermined the principles of constitutional morality, which require fidelity to truth and equality in remembrance, the plea claimed.

The Ministry of Defence and the Central Board of Film Certification, despite statutory obligations, "failed to ensure historical correctness" in the storyline or consult the petitioner organisation, resulting in arbitrary and unfair administrative action, the plea alleged.

It raises questions of national, historical, and constitutional significance, touching upon the dignity of the Armed Forces, the sanctity of public history and the moral right of the Ahir community to truthfully remember the collective sacrifice of martyrs of Rezang La, all of whom belonged to the Ahir community, read the petition.

Sood, however, argued that the petition is not maintainable since the Cinematograph Act, 1952, provides a specific remedy under Section 6, granting revisional powers to the central government to examine or modify orders of the CBFC.

The petitioners have already invoked this remedy. Once the statutory machinery has been set in motion, recourse to writ jurisdiction is unwarranted, he submitted. PTI CHS VSD RT RT