Delhi HC gives go-ahead for release of film '120 Bahadur' on Nov 21

New Delhi, Nov 19 (PTI) The Delhi High Court on Wednesday gave its green signal to the release of Farhan Akhtar starrer movie "120 Bahadur" on November 21, disposing of a plea challenging its CBFC certification on the ground that it distorts historical facts.

The high court passed the order after noting that it is too late to change the name and release date of the film and make changes at the last moment and that the producers have mentioned the names of the soldiers at the end of the movie in the form of a special tribute.

A bench of justices Prathiba M Singh and Shail Jain disposed of the petition after the counsel for the petitioner said it is acceptable if the title of the film is not changed and all the names are added at the end of the movie.

"However, since there is some ambiguity as to whether names of all the 120 soldiers have been mentioned or not, it is directed that the film is permitted to be released in theatres as it is on Friday across the country," the bench said.

It added that the petitioners may watch the movie and see the names of 120 soldiers having featured in the film and if any change or correction is required, it should be done on over-the-top (OTT) release.

"It is made clear that even for the OTT release, only the names of the soldiers along with the proper regiment will be mentioned," the bench said.

The court was hearing a public interest litigation (PIL) by Sanyukt Ahir Regiment Morcha, a charitable trust, its trustee, and family members of many soldiers who died in the Battle of Rezang La, challenging the CBFC certificate given to the film, alleging it distorts historical facts and demands a change in the film's name.

In the morning, the plea was listed before a bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, which did not assemble and the matter was posted for hearing on November 26.

When the matter was called in the morning, no one appeared on behalf of the petitioners. However, looking at the urgency as the movie is scheduled to be released on Friday, the petitioner's counsel later got it listed before another bench for today itself.

The movie portrays Major Shaitan Singh Bhati, who was conferred the Param Vir Chakra for bravery in the Battle of Rezang La in 1962. The film is slated to hit theatres on November 21.

During the hearing, the bench headed by Justice Singh said if the film is related to real warriors who have fought, there should be no hesitation in giving their names and photos at the end of the movie.

However, since this petition has come at this stage, theatrical release cannot be changed at this stage but in OTT platform add the names and make necessary changes, it said.

The petition said the battle, fought at an altitude of 18,000 feet in the Chushul sector of Ladakh, and in which 114 of the 120 soldiers were killed, is acknowledged in the History Division of the Ministry of Defence as the epitome of collective valour.

The 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, it said.

The petitioners challenged the Central Board of Film Certification (CBFC) certificate and impending release of the film, which, it alleged, purports to depict the battle but distorts historical truth by singularly glorifying Major Shaitan Singh as a lone protagonist under the fictionalised name 'Bhati'.

It said the film erases the collective identity, regimental pride and contribution of the Ahir soldiers who fought and fell beside Major Shaitan Singh.

The plea said the portrayal violates the provisions of the Cinematograph and the Certification Guidelines, which prohibit the exhibition of films presenting a "distorted view of history." It also contravenes Section 356 of the Bharatiya Nyaya Sanhita, which criminalises imputations against deceased persons wounding the sentiments of their relatives, the plea said.

The trust has given a representation to the authorities for review and stay of certification, and the release of the movie, till the director changes the film's name and adds a disclaimer acknowledging the contribution of the Ahir community in the battle. PTI SKV ZMN