Punjab-Haryana High Court
Paramjit Kaur And Ors. vs Union Of India (Uoi) And Ors. on 2 July, 2003
Equivalent citations: (2004)136PLR753
Author: Kiran Anand Lall
Bench: Kiran Anand Lall
JUDGMENT V.K. Bali, J.
1. Petitioners, who are son and daughters of Shri Rajinder Singh, real brother of Shaheed-A-Azam Sardar Bhagat Singh, a martyr, who laid his life in the freedom struggle of India, through present petition filed by them under Article 226 of the Constitution of India, seek issuance of writ in the nature of mandamus directing respondents not to allow the screening of films containing distorted versions of the real life history of Shaheed-A-Azam Sardar Bhagat Singh. They also seek directions to be issued to the respondents to refrain from distorting the facts on heroism and patriotism displayed by Sardar Bhagat Singh with a further prayer that screening of all the new films, still to be released, based on the life story of National Hero Sardar Bhagat Singh, be stayed during the pendency of the writ petition.
2. Brief facts, on which directions, as mentioned above, are sought to rest, as projected in the petition, reveal that Rajinder Singh, father of the petitioners and real brother of Sardar Bhagat Singh was looking after the interests of Shaheed Bhagat Singh's family. A pedigree table showing the exact relations of the petitioners with Sardar Bhagat Singh has been given in paragraph 2 of the writ petition. The legendary freedom fighter, who was also conferred the status of National Hero, was born at village Banga (Chak No. 105), District Lyalpur (now in Pakistan) in the year 1910. After 2/3 years of his birth, his uncle Shri Swaran Singh passed away, when he was in jail. He was from an Arya Samaj family. He had his primary education in his village and after passing 5th class, he took admission in DAY School, Lahore, in the year 1916, where, he came in contact with many prominent political leaders, like Lala Lajpat Rai and others. In 1924, Sardar Bhagat Singh left his studies of B.A. and went to Kanpur, where he met with certain freedom fighters including Chander Shekhar Azad and B.K. Dutt. Thereafter, he worked for sometime in Veer Arjun Newspaper at Delhi. After that, he worked for Kirti Newspaper from Lahore, While residing there, he formed a new organisation, namely, Nozawan Bharat Sabha. This Sabha consisted of mainly young freedom fighters. In October, 1927, Sardar Bhagat Singh was arrested for the first time for indulging in activities, which were against the Britishers. He was, however, released as, the charges were not proved against him. Thereafter, in July, 1928, a meeting was held at Ferozeshah Kotla, New Delhi where, Hindustan Socialist Republican Army was set up. It is the case of the petitioners that after the Simon Commission, when Lala Lajpat Rai passed away in November, 1928, Sardar Bhagat Singh and others vowed to take revenge from the Britishers. They shot Assistant Superintendent Sanders. Thereafter, in a totally dramatic way, he escaped from Lahore to Calcutta along with Mrs. Durga (popularly known as Durga Bhabhi) posing as husband and wife, dressing as an English Gentleman with a hat on. Thereafter, he set up a bomb factory at Agra. Along with Shri B.K.Dutt, Sardar Bhagat Singh threw two bombs in the Central Assembly Hall on 8.4.1929, where discussions for passing the Public Safety Bill and Trades Disputes Bill were going on. Both of them raised slogans of Inquilab Zindabad and offered voluntary arrest. Thereafter the case progressed but Sardar Bhagat Singh refused to hire a lawyer for himself. He along with Sh. Jatinder Nath Dass started hunger strike in the jail, which resulted in the death of Sh. Jatinder Nath Dass. On 7.10.1930, a special tribunal sentenced Sardar Bhagat Singh, Rajguru and Sukhdev Singh to death. Inspite of all the pressure and public protests, Bhagat Singh, Rajguru and Sukhdev were hanged to death on 23.3.1931 at 19.30 hours. At that time, age of Sardar Bhagat Singh was 23 years, 3 months and 27 days. It is the case of the petitioners that after the independence of country in 1947, various film makers have made films on various National Heroes, who have participated in the freedom struggle. Even on Sardar Bhagat Singh, many films were made in the past. One of the films titled as 'Shaheed' was made by famous Actor and Director Manoj Kumar, who spent one week with the grandmother of Sardar Bhagat Singh before he started making the film titled as 'Shaheed'. The petitioners have further pleaded that it has come to their notice that about 5 films, based on the life of Sardar Bhagat Singh, are being made. Various articles and promotional scenes are being shown on the electronic and print media. Petitioners aver that they have been shocked to observe that even in some of the excerpts which are being shown on the TV or are being published in the magazines and newspapers, life history of Sardar Bhagat Singh has been totally distorted. True story is not being brought before the public at large. Some distortions noticed by the petitioners have been given in paragraph 10 of the writ petition. Same read thus:-
"a) In one of the films produced by Dharmendra, the heroine therein has been shown as Bhagat Singh's fiancee. Both of them are shown singing and dancing in the film. The fact remains that Sardar Bhagat Singh never gave his consent for marriage and infact never met his fiancee. Rather, when he was told of his engagement, he simply told his mother that he is going out. Thereafter, he went to Kanpur and remained there. A letter written by Sardar Bhagat Singh to his father shortly thereafter clarifies this fact. A copy of this letter is attached as Annexure P-1 with this petition.
b) In another film, titled as Shaheed, the legendary hero Chander Shekhar Azad is shown to be shot by a fellow revolutionary in Allahabad's Alfred Park whereas the fact is that he had shot himself.
c) In another scene, Sardar Bhagat Singh is shown as a turbaned Sikh when he is throwing bomb in the Assembly Hall. Whereas it is a matter of record that Sardar Bhagat Singh was clean shaven and wore a hat during those days just to change his identity.
d) Further in the film directed by Shri Raj Kumar Santoshi, a heroine is shown playing the role as beloved of Sardar Bhagat Singh. This is totally the character assassination of the National Hero. There was only one point agenda in the life of Sardar Bhagat Singh and that was the freedom of his motherland. A self explanatory letter written by Sardar Bhagat Singh on 22.3.1931, i.e., a day before their martyr is attached as Annexure P-2 with this petition.
e) In another film titled as Shaheed-A-Azam, Sardar Bhagat Singh is shown wearing a Sehra. The Sehra is worn in a Punjabi family only on the occasion when one gets married. As stated aforesaid, Sardar Bhagat Singh never got engaged to a girl what to talk of marriage."
3. It is the case of the petitioners that the distortions aforesaid have been observed by the petitioners from the promotional campaigns launched by the film makers and media reports. The petitioners are highly skeptical that there will be much more variance from the facts of the real life of Sardar Bhagat Singh than what have been depicted in real life of Sardar Bhagat Singh. Ad Labs, Ramnord Lab, Gemini Colour Laboratory and Prasad Film Laboratory, respondents 3 to 6 herein, it is the case of the petitioners, are processing laboratories where, the prints of the aforesaid films are being got readied. It is further the case of the petitioners that neither they nor any other relative of Sardar Bhagal Singh was ever contacted by any of the film makers, who are making films on the life of Sardar Bhagat Singh. No permission whatsoever had been taken from the family members. Even none of the film makers had visited the real places of occurrence of various incidents in the life of Sardar Bhagat Singh. As per knowledge of the petitioners, even native place of Sardar Bhagat Singh had also been omitted in the films. Constrained, the petitioners gave a notice regarding aforesaid events in a widely circulated magazine in the film industry titled as 'Film Information' in its issue dated 11.5.2002. However, none of the film makers or the respondents cared to contact the petitioners or their lawyer. Petitioners further aver that it is to their knowledge that some of the important scenes have not been shown in the films which depict the real heroism and patriotism of Sardar Bhagat Singh. The shooting of Sander has been omitted in couple of films. Similarly some other real life scenes have not been projected correctly. Petitioners further aver that the film makers cannot get away with the distortions of history and facts about legendary figures and revolutionaries. The film makers working on Bhagat Singh's films have failed to do proper home work or research and this has resulted in film producers and Censor Board ignoring the historical perspective and philosophy of the great martyr. This is probably being done, in view of the petitioners, by the film makers with commercial angle high on their minds. It is then pleaded that it is the duty cast upon the Union of India, through Secretary, Ministry of Information & Broadcasting as also Central Bank of Film Certification, the first and second respondents herein, to see that the films made on Bhagat Singh should be properly screened and approved by eminent historians. It should also be ensured that the role of Bhagat Singh in freedom struggle, his ideas and philosophy should be projected in a manner so as to convey the message of patriotism, fraternity and secularism and thereby send a message to the audience that it is the duty of every Indian to maintain the hard earned freedom. It is then pleaded that the respondents have failed in their duty to check the producers, who have invested a huge money in their films and have distorted and deviated from the facts in order to add glamour in the films in such a way and manner that it may evoke undesirable response or have impact on the audience. This certainly would affect the younger generation of our society, who has not seen freedom struggle and has only read about the same in the books. This trend would certainly be against the national interest. Many social organisations have also taken up this matter. One such organisation, i.e., a forum comprising a group of lawyers and opinion makers based at Delhi have petitioned the first respondent for the same. However, no action has been taken. Another organisation, i.e. Shaheed Bhagat Singh Research Committee along with Bhagat Singh Vichar Manch has also written a letter to the first and second respondent whereby, they have appealed that they be given an opportunity to assist before the films being made about legendary Bhagat Singh are certified for release. Newspaper cuttings containing the aforesaid news items, it is mentioned, would be produced at the time of arguments.
4. On the facts, as detailed above, the petitioners pray writ of mandamus in the manner fully indicated above.
5. Accompanying the petition is letter said to have been written by Shaheed-A-Azam Sardar Bhagat Singh to his father (Annexure P-1) wherein, Sardar Bhagat Singh has written that the country is calling him and that he has vowed to serve the nation with all his might and. the spirit of patriotism is rooted in their family. It has also been written that he would not agree to the proposal of his marriage, as he has a wish to do his duty to the best of his ability. Letter (Annexure P-2) dated 22.3.1931 is again said to have been written by Sardar Bhagat Singh to his father, as reproduced in a booklet titled as 'Shaheed Bhagat Singh Manukh Te Vichar' by Avtar Singh Malhotra. Contents of letter, Annexure P-2, do speak very high of a person, who may have great emotions for freedom of this country. Letter (Annexure P-3) appears to be the one written by the Advocate on behalf of the petitioners to the Film Information wherein, it has been mentioned that before the release of film, family's approval must be obtained.
6. In response to the notice that was issued by this Court, three separate written statements, on behalf of respondents 1 and 2, respondent No. 9 and respondent No. 10, have been filed, opposing the cause of the petitioners. In the written statement filed on behalf of respondent Nos. 1 and 2, by way of preliminary objections, it has, inter alia, been pleaded that there being no infringement of any rules and regulations nor here being any violation of any legal or vested rights of the petitioners, the writ petition is wholly misconceived. In the entire writ petition, there are no pleadings to the effect that the answering respondents have violated any of the provisions of the Cinematograph Act, 1952 (hereinafter referred to as 'the Act of 1952'). Vague allegations have been made with ulterior motive. It has also been pleaded that no cause of action has accrued to the petitioners much less to file the present petition. The alleged distortions, as pleaded, have simply been observed by the petitioners from the promotional campaign launched by the film makers and media reports. The petitioners have not even seen the movies. It is then pleaded that success of film would largely depend upon raising the patriotic feelings of the audience and which is only possible if Sardar Bhagat Singh and his companions are shown in right spirit and as a true patriot, which they were, No film maker can succeed if freedom fighters are degraded in any manner whatsoever. The films in question are said to be not documentary but the commercial ones in a dramatised form. Films of Shaheed Bhagat Singh being feature films are not documentary and, hence, there has to be some scope for dramatization and art incorporated, which really do not form a part of the history and which do not make any dent on the patriotic image of Shaheed Bhagat Singh and his associate freedom fighters. The respondents have relied upon Section 5B of the Act of 1952 to assert that notification of Government of India, Ministry of Information and Broadcasting dated 6.12.1991, giving guidelines to the Board of Film Certification before sanctioning films for public exhibition was followed. In the films in question, the answering respondents while sanctioning films for public exhibition have taken due care and caution of the guidelines in notification dated 6.12.1991. Three films came up for certification to the second respondent and various cuts were made. Same are appended as Annexure R-1/2. It is then pleaded that in the films of Shaheed Bhagat Singh, Board of Film Certification has taken special care inasmuch as along with usual quorum of members, in addition two historical experts, namely, Smt. (Dr.) Kunjalata Shah and Smt. S. Dhanjishah were associated in the Examining Committee and these historical experts gave their opinion that the film is historically authentic and based on the works of Shaheed Bhagat Singh's graphics. It is then pleaded that real younger brother of Shaheed Bhagat Singh, namely, S. Kultar Singh wrote a communication dated 18.5.2002 to one of the film Directors congratulating him on the film as the same has done full justice to the personality, ideas and views of Shaheed Bhagat Singh. S. Kultar Singh had also been taken on the panel of consultants for the film so that there may be no distortion. Communication dated 18.5.2002 is appended as Annexure R-1/3. Contents of paragraph 10 of the petition, which according to the petitioners are distortions in various films of Sardar Bhagat Singh, have been replied as follows;-
"10. That the contents of this para of the writ petition are wrong, hence, denied. There are no distortions as alleged. It is absolutely wrong that the life of Shaheed Bhagat Singh has been totally distorted, as alleged. Sub-parawise reply is as under:-
(a) That the contents of this sub-para of the writ petition are wrong, hence, denied. During song and dance sequence, it was the heroine only who is shown as singing and dancing. Moreover, it is merely a dream sequence and that too of the heroine girl who desires to be engaged to Shaheed Bhagat Singh and she is never projected as fiancee of Shaheed Bhagat Singh.
Also there is a caption in the beginning of the film precautioning that "we have taken all care in this film to present the heroic struggle and personality of the famous revolutionary Bhagat Singh, his associate Sukhdev and other freedom fighters like Chandra Shekhar Azad but it is possible that depiction of certain incidents costumes and proceedings etc., might have involved some inadventurous deviation from the actuality for the purpose of cinematic presentation."
(b) That the contents of this sub-para of the writ petition are wrong, hence denied. In the film Chandra Shekhar Azad had shot himself.
(c) That the contents of this sub-para of the writ petition are wrong, hence denied. Shaheed Bhagat Singh is not shown as a turbaned Sikh when he is throwing bomb in the Assembly Hall.
(d) That the contents of this sub-para of the writ petition are wrong, hence denied. The girl desiring to be engaged to Shaheed Bhagat Singh is shown dedicated to him though she is neither shown as his beloved nor his fiancee.
(e) That the contents of this sub-para of the writ petition are misleading, hence, denied. The averments made in this sub-para pertain to the dream sequence of the mother of Shaheed Bhagat Singh.
7. It is then pleaded that by the petitioners own pleadings, it is evidently clear that they have not seen the films but are merely relying upon promotional campaign and media reports. It is a callous attempt by the petitioners to file the instant petition without verifying the facts. Moreover, overall impact of these movies remained undisturbed by mere dramatisation here and there and cinematic presentation. Other contents of the writ petition have also been denied. In support of their case, respondents have relied upon notification dated 6.12.1991, Annexure R-1/1, Note of three films came up for certification to CBFC on Bhagat Singh, Annexing R-1/2, showing various cuttings in three different films and letter dated 18.5.2002 written by S. Kultar Singh, real brother of Sardar Bhagat Singh, Annexure R-1/3.
8. The ninth respondent, in separate written statement filed by him, pleads that film '23 March, 1931 Shaheed' was directed by Guddu Dhanoa and not by Dharmendra, as has been wrongly mentioned in the petition. Said film was prepared basically s a tribute to the National Hero Mr. Bhagat Singh, whose very name evokes pride, love and above all patriotism. Bhagat Singh had left behind him a glorious chapter in pages of Indian history. He had fought to set his country free and to reform it even at the cost of his life. He was not a soldier who was sent to do his duty but he became one because he knew his duty and once he knew his goal, never once did he lean to rest nor wait to nurse his wounds. It was basically with this objective that the said film was prepared and this aspect clearly finds mention in the booklet released by the producer. The petitioners, in their writ petition, have no where alleged that basic theme of the film was wrong and as such, present petition is liable to be dismissed. It is then pleaded that at the very start of the film, following precaution has been clearly mentioned by the Director:-
"We have taken all care in this film to present the heroic struggle and personality of the famous revolutionary Shaheed Bhagat Singh and his associates Sukhdev, Rajguru and Azad. But it is possible that in the depiction of certain incidents costumes and proceedings, at might have involved some inadvertent deviation from actuality for the purpose of cinematic presentation."
9. It is then pleaded that the petitioners have nowhere alleged mala fides on the part of the answering respondent while releasing the film. Controversy raised by the petitioners in the present petition is stated to be nothing but containing disputed questions of facts which cannot be gone into in the exercise of writ jurisdiction. Contents of paragraph 10, which alone contain alleged distortions, have been answered by pleading that the petitioners have not seen the film. Had they seen the film, they would not have levelled these allegations against the answering respondent. The film cannot be judged on the basis of promotional scenes only as the film is of the duration of more than three hours whereas, such promotional scenes are of the duration of 30 seconds to one minute. In the film released by the answering respondent, the heroic played by Aishwarya Rai has nowhere been shown to be Bhagat Singh's (played by Bobby Deol) fiancee. It is further incorrect and hence denied that Bhagat Singh has been shown singing and dancing with his fiancee. As a matter of fact, the song referred to by the petitioners is a dream sequence and is from the girl's point of view. This aspect is very much clear from the film itself. A view of the film would also clarify that Bhagat Singh never met the girl as he refused to get engaged. In the movie, it has been clearly shown that when Bhagat Singh, his mother and others came to the house of the girl, Bhagat Singh asked his mother why they had come there. He neither met the girl nor agreed for engagement. The mother then realised her mistake. Dialogues made at the relevant time have been reproduced below:-
"Mother:- Bhagat, perhaps we have committed mistake.
5. Bhagat S.:- Mother, when you people know that I have devoted my life for the country, then why you people are trying to do my marriage. How I can take the responsibility of the house. If I will not be able to perform the duty of a husband, then it will be an injustice with that girl and why I should put her into trouble? What is her fault?
Mother:- You are correct, perhaps it is our mistake. "But son, you tell me, which mother does not want to see her son as a groom. If I have seen this dream, then what is wrong.?
S. Bhagat S:- Mother, at present there is only one dream in our eyes and that is the dram of the freedom of the country. We can celebrate the real pleasure only on that day when these chains of slavery will be broken and that day will come soon. From today onwards, you will never talk about my marriage."
10. Other allegations made in the petition have also been denied.
11. There is no need to give details of the written statement that has been filed on behalf of respondent No. 10 as, the same is a short reply for the purpose of motion hearing only.
12. When the matter came up for hearing before the Hon'ble Bench, then seized of the matter on 18.6.2002, the following order was passed:-
"We are still not satisfied with the averments made in the writ petition. That are vague and indefinite. Counsel for the petitioner still prays for time to file an additional affidavit giving complete facts and allegations in relation to the offending parts of the respective movies. In the affidavit, it will be stated that what part of the movie is offending, contrary to historical facts which hurt the sentiments of the family and the public at large who know late Sardar Bhagat Singh as a great warrior of the country for the freedom struggle of the nation.
Let the affidavit be filed before the next date of hearing with an advance copy to the counsel for the parties.
List on 4.7.2002, as prayed."
13. It appears, thereafter an additional affidavit dated 3.6.2002 has, indeed, been filed by Paramjit Kaur, the first petitioner herein, in paragraph 5 whereof, distortions of facts as noticed in different films have been enumerated. These run thus:-
In the Movie titled as 'Shaheed-E-Azam' by respondent No. 7
a) In this film, in one of the scene Sardar Bhagat Singh, has been shown to be sitting with other revolutionaries and the dialogues spoken include:-
'Bhagat Singh kitna sunder hai. Kittni gorian marti hain is par.' 'Bhagat Singh tu kisi angrej afsar ki beti ko pata ley aur hum dahej mein sara Hindustan maang lenge.' This is complete character assassination of Sardar Bhagat Singh. He had once mentioned to his parents that he sees Bharat Mata tied in chains of slavery in his dreams. However, the above dialogues suggest a total contrary picture. Moreover in this scene itself, Chander Shekhar Azad is shown to be fighting with his colleagues on funny issues like 'Gur Jhootha Kar diya' etc. etc.
(b) In another scene, a police officer gives an option to Bhagat Singh to settle in England and marry an English girl. After this Sardar Bhagat Singh is shown to be abusing that officer by using words to the effect that "You are a bloody pimp"
This again is highly derogatory for the reputation of a man like Bhagat Singh who has always been admired as a decent and learned gentleman.
(c) In this film, Sardar Bhagat Singh has been shown to have retuned to his house from Kanpur on his own alongwith Rajguru. This is totally incorrect as Sardar Bhagat Singh returned to his house only when he got the information that his grand mother was not well.
(d) Further, at many places in the film, the revolutionaries including Sardar Bhagat Singh are shown to be saying 'Jai Hind' between themselves. Whereas, the slogan 'Jai Hind' was coined by Shri Subhash Chander Bose and Bhagat Singh and others used 'Vande Matram' while greeting each other or raising other slogans.
(e) Another distortion in the film is that Mohd. Ali Jinnah has been shown to have convinced the Britishers for accepting the demands of Sardar Bhagat Singh and others while they were on hunger strike. This is totally incorrect. It was the impact and pressure created by Sardar Bhagat Singh and other hunger strikers including the death of Sh. Jatin Das that the Britishers had to bow down and accept the demands of the hunger strikers.
(f) As brought out earlier in the affidavit dated 13.6.2002, Sardar Bhagat Singh is shown to be wearing a Sehra. As mentioned in para 6(e) of the writ petition, he was never engaged and thus there was no question of his getting married. In this film the scene where Sardar Bhagat Singh is shown to be wearing Sehra goes side by side of the scene when he is being taken for hanging. This dream sequence of sister of Bhagat Singh has been projected in such a way that the people in general are taking it as if Sardar Bhagat Singh is thinking that he would have been wearing a Sehra and getting married had he was not hanged.
(g) That in another scene of this film, Sardar Bhagat Singh is shown to be talking to his Chacha Ajit Singh. The fact remains that Shri Ajit Singh left India when Sardar Bhagat Singh was only 2 years of age.
(h) It is well known in the history that Sardar Bhagat Singh and the song "Mera Rang de Basanti Chola" were synonyms to each other. However, in this film, surprisingly both the songs i.e. "Mera Rang de Basanti Chola and Sarfroshi ki Tamnna" are missing.
IN THE MOVIE TITLED AS 'THE LEGEND OF BHAGAT SINGH' BY RESPONDENT NO.8
a) In this film, Sardar. Bhagat Singh has been shown to be teased by his fellow revolutionaries in presence of girls including the proposed girl. The dialogues in the scene (as noted down fastly) are reproduced here as under:-
Bhagat Singh and others are standing in a group.
One colleague :- Oye Kurian.
of Bhagat Singh
Other: Kithe?
One more: Mannawali vi hai
Other: Mannawali kaun?
First one: Bhagat ki hone wali biwi
Other Oye isme to kayin hain.
Sukhdev Woh jo idhar nahin dekh rahi hai, wahi hai.
One of them to Main keha Bhabhi Ji
proposed girl: Sat Sri Akal. Aa Jao.
Proposed Girl Sat Sri Akal.
One of the Girls: Gala sookh raha tha. Is Liye hamne socha ke
Pyaas bujha lein.
One Girl to yous isko milne ki jaldi ho rahi thi, is liye as gayi.
(indicating to
proposed girl):
Sukhdev Aao ji aao, Apni diary hai. Apne Bhagat ki
diary hai. Doodh shoodh pi lo.
Sukhdev to Bhagat Pyas to bahana hai. Tere se milne aayi hai.
Bula ke bitha le.
b) That moreover, Sardar Bhagat Singh as has been brought out in the writ petition itself, he never wanted to get married. As reported in one of the books printed and released by the Govt. of Punjab, Sardar Bhagat Singh used to say that I do not want to give birth to a slave child by getting married. Thus, all the sequences and scenes depicting his going around with his fiancee or being teased as such by his colleagues are totally absurd, wrong and baseless.
(c) In another scene, it is shown that Sardar Bhagat Singh is meeting and talking to his fiancee, this is totally incorrect, cheap presentation and direct insult to the image of Sardar Bhagat Singh by the film maker. Though the film maker has tried to project it as a dream of the fiancee of Sardar Bhagat Singh but this is also totally incorrect. Sardar Bhagat Singh never met any girl and moreover in those days there was no such custom or practice that the proposed couple shown have met before the marriage or engagement. The family of Sardar Bhagat Singh was a traditional and conservative family.
(d) In one of the most glaring distortion, which totally undermines the martyrdom of Sardar Bhagat Singh, the mother alongwith Sardar Bhagat Singh have been shown to be weeping on their last meeting before the hanging, this cannot be even imagined in wildest of the dreams, it is history that neither Sardar Bhagat Singh or his mother were ever afraid of hanging. In fact, the following quote (from an reported interview with Sh. G.S.Deol) of mother of Sardar Bhagat Singh is self explanatory on the fact as to whether that lady could even dream of such a sequence.
"Son, do not leave your stand. One day, everybody has to die. But the best death is one which is remembered by the whole world. I am happy that my son is making this sacrifice for a good and noble cause. My only desire is that my son should shout the slogan 'Inquilaab Zindabad' standing on the gallows. My son's weight should increase not decrease."
This is the spirit of the sacrifice shown by the Shaheed's mother in the cause of her motherland. This shows her love for the nation. However, a totally adverse picture has been presented in this film. Thus, it has resulted in total character assassination of Shaheed Bhagat Singh and as well as his mother.
(e) farther in some scenes, Sukhdev has been shown to be ragging the students at National College Lahore. His character has been dubbed as that of a rowdy/ruffian boy. In one dialogue he has been shown telling his companions to bring eggs and tomatoes in their hand which are to be thrown on the stage artists. This is totally incorrect and brings defamation to the character of Sukhdev.
(f) That another glaring distortion in this film is that Sardar Bhagat Singh has been shown to be dancing and singing on a Punjabi Pop tune in a function before one of the Governor while he was a student of National College at Lahore. This is highly objectionable. Sardar Bhagat Singh never did any act which would have pleased the Britishers. He only acted and played a leading role in historical dramas e.g. Rana Pratap and Mahabharat etc.
(g) Further, in one of the scenes in this film, the revolutionary associates of Sardar Bhagat Singh are shown to be saying to the court comprising of the Britishers that you white people even do not wash yourself after defecation and instead use toilet paper. This again is totally incorrect. It is the history that Sardar Bhagat Singh or his associates never used any foul language which would go against the morals and decency.
(h) Again in this film, Sardar Bhagat Singh is shown to be shouting before the Judicial Court as "To hell with your order and to hell with your law." This is again totally incorrect. Sardar Bhagat Singh was very humble in presenting his views. This fact finds support from the statement of Sardar Bhagat Singh and Shri B.K.Dutt in the Assembly Bomb Case read in the court on 6.6.1929. An extract is reproduced as under:-
"We stand charged with certain serious offences, and at this stage, it is but right that must explain our conduct.
In this connection, the following questions arise.
1. Were the bombs thrown into Chamber, and, if so, why?
2. If the charge, as framed by the Lower Court, correct or otherwise?
To the first half of question, our reply is in the affirmative but since some of the so-called 'eye-witness' have perjured themselves and since we are not denying our liability to that extent, let our statement about them be judged for what it is worth. By way of an illustration, we may point out that the evidence of Sergeant Terry regarding the seizure of the pistol from one of us is a deliberate falsehood, for neither of us had the pistol at the time we gave ourselves up, Other witnesses, too, who have deposed to having seen bombs being thrown by us have not scrupled to tell lies. This fact had its own moral for those who aim at judicial purity and fair play.
At the same time, we acknowledge the fairness of the Public Prosecutor and the judicial attitude of the Court so far."
In the Movie titled as '23 March 1931-Shaheed' by respondent No. 9
a) In this film, Sardar Bhagat Singh has been shown to be closely associated with the heroin in the film after they are engaged. Though it has to be projected as a dream sequence of the fiancee, but still the song and dance has been plcturised in such a way that Sardar Bhagat Singh has been shown to be romantically involved with the heroin. The averments made in affidavit dated 13,06.2002 be read as part of this para also.
(b) In the compete film, excepting the last meeting scene before hanging, no brother/sister of Sardar Bhagat Singh has been shown in the film. Their presence has been omitted.
(c) That in this film it has been shown that Police Officer Sanders was shown dead while he was coming out of Punjab Civil Secretariat, Whereas the fact was that he was coming out of a Police Station.
(d) That in the Assembly bomb case, Sardar Bhagat Singh has been shown without wearing a hat, whereas in the next scene, the news paper photograph shows that Bhagat Singh was arrested while he was wearing the hat. Both are contrary to each other. However, the fact remains that Sardar Bhagat Singh was wearing a hat when he was arrested.
(e) In this film, Sardar Bhagat Singh is shown to have been called back from Kanpur on the pretext that his mother is not well. This is totally contrary to the fact whereby it was his grandmother who was not well.
In the Movie titled as Bhagat Singh by respondent No. 10
a) In this film, Sardar Bhagat Singh has been shown to have grown his hair and beard when he was hanged on 23.03.1931. Whereas it is history that Sardar Bhagat Singh never kept long hair or beard after he got himself clean shaven while escaping from Lahore to Calcutta after killing Sanders.
(b) That in this film, the grandmother of Sardar Bhagat Singh has been undermined whereby she has been time and again shown to be adverse to his becoming a freedom fighter.
(c) That in an other glaring distortion, Sardar Bhagat Singh and Chander Shekhar Azad have been shown to be singing and dancing together with Dafli and Sitar in their hands. This is totally incorrect. Both of them never stooped to such lower levels to propagate patriotism.
(d) In another scene, while protesting against Simon Commission, Lala Lajpat Rai has been shown to have inciting the crowd by saying "Aage Baro-Aage Baro". This is again contrary to the principle of Ahinsa for which Lala Laj Pat Rai was known for.
(e) In the scene where last meeting of the Punjab Mata is shown with Sardar Bhagat Singh, she has been shown as saying that she cannot see her son being hanged. This again is totally contrary to her character and reputation. The excerpt of her interview as reproduced as above may be as part of this para also.
(f) That in the very next scene, Sardar Bhagat Singh has been shown to be getting emotional in his last meeting with his parents and is shown to have turned back and left the meeting place. This, again is totally contrary to the actual happenings as have been reproduced above.
(g) Further in the song, which goes on in the back ground, when Sardar Bhagat Singh and others are being hanged, a dream sequence of mother has been shown whereby Sardar Bhagat Singh has been shown to be wearing a Sehra on his head. The observations made may be read as part of this para also.
(h) That in one of the most shameful distortion in this film, the crowd standing out side the Jail premises, has been shown to be laughing with broad smiles while pushing each other. This crowd had gathered to protest against the hanging of Sardar Bhagat Singh and others. It is for this Hon'ble Court to judge for itself whether such scenes can be retained in the film, when Censor board has failed in its duty miserably,
(i) That further in this film the scene of actual hanging of Sardar Bhagat Singh has been finished in about five seconds. No last wish has been shown to be asked from Sardar Bhagat Singh and others. This again is not acceptable as it is well known that Sardar Bhagat Singh and others were permitted to embrace each other in compliance of their last wish and they were smiling and raised slogans Inquilab Jindabad before hanging.
6. That further, it will be worth to submit here that the official respondents including Censor Board have admitted in their reply to the writ petition that dramatisation and art has been incorporated in these films which really do not form a part of the history and these films really are commercial ones in a dramatised form. The petitioners have in the preceding paragraphs clearly brought out various instances in the films whereby the freedom fighters have been degraded and moreover it has affected the decency, morality and brought defamation to the legendary freedom fighters of the like of Sardar Bhagat Singh.
7. Further in their reply, the Censor Board has justified the historical correctness of the films. The following instances, relating to the same incidents, which has been picturised differently by different films makers and still have been passed by Censor Board, speaks volumes of carelessness of the authorities.
(a) SONG-PAGDI SAMBHAL JATTA-
(i) Film by respondent No. 7:- In this film this song is sung by Shri Ajit Singh.
(ii) Film by respondent No. 8:- In this film this song has been shown to be sung by Sardar Bhagat Singh on a Punjabi Pop tune and that to while giving a stage shown. This is totally against facts.
(iii) Film by respondent No. 9:- In this film, this song has been picturised on Sh. Ajit Singh.
(iv) Film by respondent No. 10:- In this film again, Sardar Bhagat Singh have been shown be singing this song which is incorrect.
(b) ENGAGEMENT SCENE-
(i) Film by respondent No. 8:- In this film, this incident has been most shamefully dealt with. First of all the parents of the girl alongwith the girl are coming to the boy's house. Then the proposed couple sings and dance on a song. Then this proposed girl remains with her mother in law right till the last meeting of the family with Sardar Bhagat Singh.
(ii) Film by respondent No. 8:- In this film again engagement is shown and Sardar Bhagat Singh is shown to have looking at the girl. Thereafter in the dreams sequence which depicts more of originally, the proposed girl and Sardar Bhagat Singh have been shown to be together and romantically involved with each other.
(iii) Film by respondent No. 9:- In this film after proposal of engagement, Sardar Bhagat Singh has shown to have left for Lahore and not Kanpur as has been shown in other films.
(c) KAKORl CASE-
(i) Film by respondent No. 7:- In this film, strangely Sardar Bhagat Singh has been shown to be arrested in this case, in fact he was never associated with this case.
(ii) Film by respondent No. 8:- In this film Ram Prasad Bismil who planned this case, is not shown as arrested. Chander Shekhar Azad was not associated with the planning with this case.
(iii) Film by respondent No. 9:- In this film there is a complete sequence on Bismil being tortured after his arrest in this case.
(d) ASSEMBLY BOMB CASE-
(i) Film by respondent No. 7, 8 & 10:- In these films Sardar Bhagat Singh is shown carrying revolver and firing shot in air after throwing bombs in assembly hall. This is factually incorrect as is evident from Bhagat Singh own statement in this case that he was not carrying any revolver.
(ii) Film by respondent No. 9:- In this film, no revolver is shown in the hand of Sardar Bhagat Singh.
(e) TRIAL IN THE COURTS All films show that Sardar Bhagat Singh gave his own statement in the court where as the fact remains and as is evident from the court record, the statement of Sardar Bhagat Singh was read over in the court by his advocate.
(f) FORMATION OF HRA-
(i) Film by respondent No. 8:- In this film Ram Prasad Bismil is shown to have recruited Sardar Bhagat Singh to HRA which is formed by Sanyal. Further Sardar Bhagat Singh is shown to be providing his patriotic spirit by placing his hand over or naked knife. This is totally incorrect as Sardar Bhagat Singh placed his forearm over fire and his bone was burnt. Even today, that particular bone is lying in the Museum at Khatkar Kalan, Distt. Nawanshahar.
(ii) Film by respondent No. 9:- In this film, HRA not mentioned in neither is Naujawan Bhagat Sabha. The candle fire test is shown to be given before Chander Shekhar Azad by Sardar Bhagat Singh.
(iii) Film by respondent No. 10:- In this film it is shown that it was Sardar Bhagat Singh who formed HSRA and Chander Shekhar Azad was elected its leader. The candle fire test has been shown professor Vidyalankar and not before Chander Shekhar Azad.
(g) MISC.
There are various other scene which has been picturised differently by film makers. On escape from Lahore to Calcutta, excepting one film, Durga Bhabi have been shown dressed an traditional Indian women bearing the Saree whereas she was also dressed as an English lady while accompanying Sardar, Bhagat Singh who was dressed as an English man. Annexure P4 which is a news report of Tribune dated 8.6.2002 also highlights certain other discrepancies,"
14. In response to additional affidavit of Smt. Paramjit Kaur, respondents have also brought on record affidavit of Rajendra Singh Rawat, Assistant Regional Officer, Central Board of Film Certification, rebutting the pleadings made in additional affidavit of petitioner No. 1 wherein, it has, inter-alia, been pleaded that false and vague pleadings have been made in affidavit dated 3.6.2002. Films of Shaheed Bhagat Singh are feature films and not documentary and, hence, they are bound to be some dramatisation to give cinematographic presentation without disturbing the actual impact on the audience vis-avis the patriotic status of Shaheed Bhagat Singh and his companions. It is stated that certain scenes have been added in the said films without disturbing the historical facts. Specific averments with regard to alleged distortions contained in additional affidavit have been replied as follows:-
"3. That in para No. 4(a) of the affidavit dated 13.6.2002 filed by the petitioner, it has been alleged that Shaheed Bhagat Singh was shown wearing a 'sehra'. It is submitted that the same was only a dream sequence as shown in the film, of the mother of Shaheed Bhagat Singh when she is going in a tonga. The said scene cannot lead to any interpretation that Shaheed Bhagat Singh would have preferred to get married instead of being hanged. On the contraiy, by this dream sequence, the sacrifice of Shaheed Bhagat Singh is shown in its true import in comparison that he would have opted to get married but he preferred to choose the ultimate sacrifice for his motherland and the producers have simply made an attempt to show sacrifice in artistic expression.
4. That Shaheed Bhagat Singh is shown with Chacha Ajit Singh when he is only a child in the beginning of the film. Moreover, the film Shaheed-E-Aazam has a caption in the beginning of the film. This film is a dramatised version based on the life of the great martyr Bhagat Singh and his contemporary freedom fighters.
3. That in the film 23rd March Shaheed (Hindi), it is merely a dream sequence of the girl heroin who wishes to be engaged to Bhagat Singh and in the said film, this girl is neither projected as fiancee of Bhagat Singh nor his beloved.
6. That in the film Legend of Bhagat Singh (Hindi), the girl is merely shown .being dedicated to Shaheed Bhagat Singh and she is not shown as a beloved or his fiancee and moreover, she does not live with Shaheed Bhagat Singh's mother.
7. That Shaheed Bhagat Singh tries to create patriotism in the minds of youngsters through drama at National College, Lahore and this is merely an incident shown in the film with dramatisation and cinematographic presentation.
8. That in out burst shown of Shaheed Bhagat Singh, it only goes to show his patriotism and hatred for Britishers."
15. Pleadings of the parties have been culled out in. sufficient details. Before, however, we may comment upon the distortions alleged by the petitioners in portraying the life style of National Hero Shaheed-A-Azam Sardar Bhagat Singh, it would be appropriate to take into consideration the law that deals with the issue of exhibition of films and the judicial precedents that have been cited by learned counsel representing the parties.
16. A film, before its public exhibition, has to be certified by the competent authority that it is not against the interests of the sovereignty and integrity of India and security of the State, friendly relations with foreign States, public order, decency or morality or involves defamation or contempt of Court as also that it is not likely to incite the commission of any offence Section 5B(1) of the Act of 1952, which deals with certification of a film, being public exhibition, reads thus;-
"5B (1) A film shall not be certified for public exhibition if, in the opinion, of the authority competent to grant the certificate, the film or any part of it is against the interests of the sovereignty and integrity of India and 'the security of the State, friendly relations with foreign States, public order, decency or morality or involves defamation or contempt of court or is likely to incite the commission of any offence."
17. In exercise of the powers conferred by Sub-section (2) of Section 5B of the Act of 1952 (37 of 1952) and in supersession of the notification of the Government of India in the Ministry of Information and Broadcasting dated 7.1.1978, except as respects things done or omitted to be done before such supersession, the Central Government has directed that in sanctioning the films for public exhibition, the Board of Film Certification shall be guided by the principles as enumerated in notification dated 6.12.1991, Annexure R1/1. The objectives of film certification will be to ensure that;-
"(a) the medium of film remains responsible and sensitive to the values and standards of society;
(b) artistic expression and creative freedom are not unduly curbed;
(c) certification is responsive to social change;
(d) the medium of film provides clean and healthy entertainment; and
(e) as far as possible, the film is of aesthetic value and cinematically of a good standard."
18. In pursuance of above objectives, the Board of Film Certification shall ensure that;-
"(i) anti-social activities such as violence are not glorified or justified,
(ii) the modus operandi of criminals, other visuals or words likely to incite the commission of any offence are not depicted.
(iii) Scenes-
(a) showing involvement of children in violence as victims or as perpetrators or as forced witness to violence, or showing children as being subjected to any form of child abuse;
(b) showing abuse or ridicule of physically and mentally handicapped persons;
and
(c) showing cruelty to, or abuse of, animals are not presented needlessly;
(iv) pointless or avoidable scenes of violence, cruelty and horror, scenes of violence primarily intended to provide entertainment and such scenes as may have the effect of desensitising or dehumanising people are not shown;
(v) scenes which have the effect of justifying or glorifying drinking are not shown;
(vi) scenes tending to encourage, justify or glamourise drug addiction are not shown;
(vi-a) Scenes tending to encourage, justify or glamorise consumption of tobacco or smoking are not shown;
(vii) human sensibilities are not offended by vulgarity, obscenity or depravity;
(viii) such dual meaning words as obviously cater to baser instincts are not allowed;
(ix) scenes degrading or denigrating women in any manner are not presented;
(x) scenes involving sexual violence against women like attempt to rape, rape or any form of molestation or scenes of a similar nature are avoided, and if any incident is germane to the theme, they shall be reduced to the minimum and no details are shown;
(xi) scenes showing sexual perversions shall be avoided and if such matters are germane to the theme, they shall be reduced to the minimum and no details are shown;
(xii) visuals or words contemptuous of racial, religious or other groups are presented;
(xiii) visuals or words which promote communal, obscurantist, anti-scientific and anti-national attitude are not presented;
(xiv) the sovereignty and integrity of India is not called in question;
(xv) the security of the State is not jeopardised or endangered;
(xvi) friendly relations with foreign States are not strained;
(xvii) public order is not endangered;
(xviii) visuals or words involving defamation of an individual or a body of individuals, or contempt of court are not presented;
Explanation: Scenes that tend to create scorn, disgrace or disregard of rules or undermine the dignity of court will come under the term "contempt of court" and (xix) National symbols and emblems are not shown except in accordance with the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950)."
19. The Board of Film Certification shall also ensure that the film;-
(i) is judged in its entirety from the point of view of its overall impact; and
(ii) is examined in the light of the period depicted in the film and the contemporary standards of the country and the people to which the film relates, provided that the film does not deprave the morality of the audience."
20. Other contents of the notification that deal with certification for adults or family and other allied matters, are not relevant for the purpose of deciding the controversy in issue. The guidelines spelled through notification dated 7.1.1978, and as extracted above, are quite exhaustive and appear to be dealing with almost all aspects that need to be done or omitted to be done. Surely before the films in question were certified, the experts in tune with the guidelines, as referred to above, it appears, did censor some portions of the films enumerated in Annexure R1/2.
21. There is no need to further elaborate, inasmuch as, what kind of exhibition of films would violate Articles 21 and 25 of the Constitution of India or would be against the provisions contained in Section 5B of the Act of 1952, is no more res-integra and that being so, it would be appropriate to advert to judicial precedents on the issue straightaway. Hon'ble Supreme Court in Ramesh Chotalal Dalai v. Union of India and Ors., A.I.R. 1988 S.C. 775, considered exhibition of telecasting or screening of serial titled 'Tamas' in the context of fundamental rights of the petitioner under Articles 21 and 25 of the Constitution of India as also Section 5B of the Act of 1952. The petitioner who was a practising lawyer in the Bombay High Court, had approached Hon'ble Supreme Court by means of the petition under Article 32 of the Constitution for issuance of writ in the nature of prohibition restraining the respondents from telecasting or screening the serial titled 'Tamas'. It was the case of the petitioner that the serial was against the public order and was likely to incite the people to indulge in commission of offences and it was, therefore, violative of Section 5B(1) of the Act of 1952 and destructive of principle embodied under Article 25 of the Constitution. After noticing Section 5B and 5C of the Act of 1952 and the contention raised by learned counsel representing the parties. Hon'ble Supreme Court while relying upon the views of Vivian Bose, J. in Bhagwati Charan Shukla v. Provincial Government, A.I.R. 1947 Nagpur 1 as also three judgments of Supreme Court in K.A. Abbas v. Union of India, A.I.R. 1971 S.C. 481, Ebrahim Sulaiman Sail v. M.C. Muhammad, A.I.R. 1980 S.C. 354 and Raj Kapoor v. Laxman, A.I.R. 1980 S.C. 605, rejected the prayer of the petitioner for restrain order on telecasting or screening the serial titled 'Tamas'. The portion of the judgment of Vivian Bose in Bhagwati Charan Shukla's case (supra), that was relied upon, as reproduced in the judgment in paragraph 13, reads as follows;-
"That the effect of the words must be judged from the standards of reasonable, strong minded, firm and courageous men, and not those of weak and vacillating minds, nor of those who scent danger in every hostile point of view."
22. Opinion of Vivian Bose was approved by Hon'ble Supreme Court. While dealing with the task of censor, which was opined to be extremely delicate, Hon'ble Supreme Court relied upon observations made in its judgment in k.A. Abbas's case (supra) reproduced as below;-
"Sex and obscenity are not always synonymous and it is wrong to classify sex as essentially obscene or even indecent or immoral. It should be our concern, however, to prevent the use of sex designed to play a commercial role by making its own appeal. This draws in the censor's scissors, the audiences in India can be expected to view with equanimity the story of Oedipus son of Latius who committed patricide and incest with his mother. When the seer Tigress exposed him, his sister Jucasta committed suicide by hanging herself and oedipus put out his own eyes. No one after viewing these episodes would think that patricide or incest with one's mother is permissible or suicide in such circumstances or tearing out one's own eyes is a natural consequence. And yet if one goes by the letter of the directions the film cannot be shown. Similarly, scenes depicting leprosy as a theme in a story or in a documentary are not necessary outside the protection. If that were so Verrier Elwyn's Phulmat of the Hills or the same episode in Henryson's Testament of Cressaid (from where Verrier Elwyn borrowed the idea) would never see the light of the day. Again carnage and bloodshed may have historical value and the depiction of such scenes as the sack of Delhi by Nadirshah may be permissible, if handled delicately and as part of an artistic portrayal of the confrontation with Mohammad Shah Rangila. If Nair Shah made golgothas of skulls, must we leave them out of the story because people must be made to view a historical theme without true history? Rape in all its nakedness may be objectionable but Voltaire's Candid would be meaningless without Cunegone's episode with the soldier and the story of Lucrece could never be depicted on the screen."
23. In Bobby Art International etc. v. Pal Singh Hoon and Ors., A.I.R. 1996 S.C. 1846, Hon'ble Supreme Court considered the challenge to the certificate of exhibition awarded to the film 'Bandit Queen' and to restrain its exhibition in India. Story of 'Bandit Queen' is of Phoolan Devi and the film portrayed the trials and tribulations and the various humiliations (mental and physical) heaped on her (Phoolan Devi) from childhood onwards, which out of desperation and misery drove her to dacoity and the revenge which she had taken on her tormentors and those who had humiliated and tortured and had physically abused her. While considering the contention raised on behalf of the appellants before the Supreme Court that the film had been scrutinised by Tribunal, which was an expert body constituted for that purpose, and it had passed the test of such scrutiny and nothing offensive was found in the film, which was certified for adults, Hon'ble Supreme Court relied upon observations made by it in its judgment in K.A. Abbas's case (supra), Same reads thus:-
"49. We may now illustrate our meaning how even the items mentioned in the directions may figure in films subject either to their artistic merit or their social value overweighing their offending character. The talk of the censor is extremely delicate and his duties cannot be subject of an exhaustive set of commands established by prior ratiocination. But direction is necessary to him so that he does not sweep within the terms of the directions vast areas of though, speech and expression of artistic quality and social purpose and interest. Our standards must be so framed that we are not reduced to a level where the protection of the least capable and the most depraved amongst us determines what the morally healthy cannot view, or read. The standards that we set for our censors must make a substantial allowance in favour of freedom thus leaving a vast area for creative art to interpret life and society with some of its foibles alongwith what is good. We must not look upon such human relationships as banned in toto and for ever from human thought and must give scope for talent to put them before society. The requirements of art and literature include within themselves a comprehensive view of social life and not only in its ideal form and the line is to be drawn where the average moral man begins to feel embarrassed or disgusted at a naked portrayal of life without the redeeming touch of art of genius or social value. If the depraved begins to see in these things more than what an average person would, in much the same way as it is wrongly said, a Frenchman sees a woman's legs in everything, it cannot be helped. In our scheme of things ideas having redeeming social or artistic value must also have importance and protection for their growth. Sex and obscenity are not always synonymous and it is wrong to classify sex as essentially obscene or even indecent or immoral. It should be our concern, however to prevent the use of sex designed to play a commercial role by making its own appeal. This draws in the censor's scissors. Thus audiences in India can be expected to view with equanimity the story of Oedipur son of latius who committed patricide and incest with his mother. When the seer Tiresias exposed him, his sister jacosta committed suicide by hanging herself and Oedipus put out his own eyes. No one after viewing these episodes would think that patricide or incest with one's own mother is permissible or suicide in such circumstances or tearing out one's own eyes is a natural consequence. And yet if one goes by the letter of the directions the film cannot be shown. Similarly, scenes depicting leprosy as a theme in a story or in a documentary are not necessary outside the protection. If that were so Verrier Elwyn's Phulmat of the Hills or the same episode in Henryson's Testament of Cressaid (from where Verrier Elwyn borrowed the idea) would never see the light of the day. Again carnage and bloodshed may have historical value and the depiction of such scenes as the sack of Delhi by Nadirshah may be permissible, if handled delicately and as part of an artistic portrayal of the confrontation with Mohammad Shah Rangila. If Nair Shah made golgothas of skulls, must we leave them out of the story because people must be made to view a historical theme without true history? Rape in all its nakedness may be objectionable but Voltaire's Candide would be meaningless without Cunegonde's episode with the soldier and the story of Lucrece could never be depicted on the screen.
50. Therefore, it is not the elements of rape leprosy sexual immorality which should attract the censor's scissors but how the theme is handled by the producer, It must, however, be remembered that the cinematograph is a powerful medium and its appeal is different, the horrors of war as depicted in the famous etchings of Goya do not horrify one so much as the same scenes rendered in colour and with sound and movement would do. We may view a documentary on the erotic tableaux from our ancient temples with equanimity or read the kamasutra but a documentary from them as a practical sexual guide would be abhorrent.
51. We have said all this to show that the items mentioned in the directions are not by themselves defective. We have adhered to the 43 points of TPO Connor framed in 1918 and have made a comprehensive list of what may not be shown. Parliament has left this task to the Central Government and, in our opinion, this could be done. But Parliament has not legislated enough, nor has the Central Government filled in the gap. Neither has separated the artistic and the socially valuable from that which is deliberately indecent, obscene, horrifying or corrupting. They have not indicated the need of society and the freedom of the individual. They have thought more of the depraved and less of the ordinary moral man. In their desire to keep films from the abnormal, they have excluded the moral. They have attempted to bring down the public motion picture to the level of home movies."
24. By relying upon its judgments in Samaresh Bose v. Amal Mitra, A.I.R. 1986 S.C. 967, State of Bihar v. Shailabala Devi, A.I.R. 1952 S.C. 329, Sakal Papers (P) Ltd. v. The Union of India, A.I.R, 1962 S.C. 305 and Life Insurance Corporation of India v. Prof. Manubhai D. Shah, (1992)3 S.C.C. 637, Hon'ble Supreme Court held that:-
"The guidelines aforementioned have been carefully drawn. They require the authorities concerned with film certification to be responsive to the values and standards of society and take note of social change. They are required to ensure that "artistic expression and creative freedom are not unduly curbed". The film must be "judged in its entirety from the point of view of its over-all impact". It must also be judged in the light of the period depicted and the contemporary standards of the people to whom it relates, but it must not deprave the morality of the audience. Clause 2 requires that human sensibilities are not offended by vulgarity, obscenity or depravity, that scenes degrading or denigrating women are not presented and scenes of sexual violence against women are avoided, but if such scenes are germane to the theme, they be reduced to a minimum and not particularised.
21. The guidelines are broad standards. They cannot be read as one would read a statute. Within the breadth of the their parameters the certification authorities have discretion. The specific Sub-clauses of Clause (2) of the guidelines cannot overweigh the sweep of Clauses 1 and 3 and, indeed, of Sub-clause (ix) of Clause (2). Where the theme is of social relevance, it must be allowed to prevail. Such a theme does not offend human sensibilities nor extol the degradation or denigration of women. It is to this end that Sub-clause (ix) of Clause 2 permits scenes of sexual violence against women, reduced to a minimum and without details, if relevant to the theme. What that minimum and lack of details should be is left to the good sense of the certification authorities, to be determined in the light of the relevance of the social theme of the film."
25. In the light of observations, as extracted above, Hon'ble Supreme Court then dealt with individual scene of the film 'Bandit Queen' and upheld the validity of 'A' certificate given by the Tribunal and set aside the judgment of the High Court.
26. Having examined the pleadings of the parties, the statute, dealing with the certification for exhibition of films, and the case law that has been cited before us, time is now ripe to evaluate the offending scenes in the three films made on the life of National Hero Shaheed-A-Azam Bhagat Singh exhibition whereof is sought to be prohibited. We may mention in the very beginning that when the petition came to be filed, it is crystal clear from the reading of averments made therein that the petitioners had only watched some excerpts from various sources, be it TV or otherwise. All three films, of which a ban is sought for, are not serials, nor excerpts but the same are full length movies. Inasmuch as, the petitioners had not watched the films by the time, the petition came to be filed, all that has been alleged to be distorted version on the life style of National Hero Sardar Bhagat Singh was stated in paragraph 10 of the petition, contents whereof have been reproduced in the earlier part of the judgment. The first distortion alleged is that in the film produced by Dharmendra, his heroine has been shown as Bhagat Singh's fiancee and both of them are shown singing and dancing in the film. It is the case of the petitioners that Sardar Bhagat Singh never gave his consent for marriage and, in fact, never met his fiancee. When he was told of his engagement, he rather simply told his mother that he is going out and thereafter he went to Kanpur and remained there. In support of this contention, learned counsel representing the petitioners, relied upon letter written by Sardar Bhagat Singh, which has been addressed to his father. In the reply that has been filed on behalf of the respondents, it has specifically been mentioned, and to which there is no rebuttal, that during song and dance sequence, it was the heroine only who was shown as singing and dancing, which was a mere dream sequence and that too of the heroine girl, who desired to be engaged to Sardar Bhagat Singh and that she was never projected as fiancee of Shaheed Bhagat Singh. The above alleged distortion, in view of the reply that has been filed on behalf of the respondents, would be more remain as distortion. Sardar Bhagat Singh has not been shown to have been engaged, who after such engagement might be voluntarily singing and dancing with his fiancee. Song and dance are only an imagination or dream of the girl, who desired to marry Bhagat Singh. Such a projection in the film in our considered view, would be no distortion on the life style of Sardar Bhagat Singh. The other distortion in the film titled 'Shaheed' is alleged to be when legendary hero Chander Shekhar Azad has been shown to be shot by a fellow revolutionary in Allahabad's Alffed Park. The petitioners state that the fact is that he had shot himself. In the reply that has been filed on behalf of the respondents, it has been averred that in the film, Chander Shakher Azad had shot himself. No further comments are required to be made on this alleged distortion. The third distortion alleged by the petitioners is that Sardar Bhagat Singh has been shown as a, turbaned Sikh when he was throwing bomb in the Assembly Hall whereas, it is a matter of record that he was clean shaven and wore hat during those days just to change his identity. How can this be a distortion is wholly un-understandable to this Court. That apart, it has been stated in the written statement that Bhagat Singh was not shown as a turbaned Sikh when he was throwing bomb in the Assembly Hall. The fourth distortion that has been alleged is with regard to the heroine in the film directed by Raj Kumar Santoshi wherein, the heroine was shown playing the role s beloved of Sardar Bhagat Sigh. This according to the petitioners, is totally character assassination of the National Hero. In the reply that has been filed on behalf of the respondents, it has, inter-alia, been pleaded that the girl desiring to be engaged to Shaheed Bhagat Singh is shown dedicated to him, though she is neither shown as his beloved nor his fiancee. No further comments are required to be made on the aforesaid distortion on the life style of Sardar Bhagat Singh. The last distortion alleged in the petition is that in the film titled 'Shaheed-A-Azam, Sardar Bhagat Singh was shown wearing a sehra. The sehra, it is stated, is worn in a Punjabi family only on the occasion when one gets married and Bhagat Singh not even got engaged what to talk of marriage. In the reply that has been filed on behalf of the respondents, it has been mentioned that reference in the petition is only to a dream sequence of the mother of Shaheed Bhagat Singh, Reference at this stage be made to the Bench order dated 18.6.2002, reproduced above, when the petitioners requested for time to place on record affidavit to show as to what exact part of the movie is offending, contrary to historical facts, which might have hurt the sentiments of the family and the public at large. It is then on 3.6.2002 that an additional affidavit was filed by Ms. Paramjit Kaur, petitioner No. 1 and it is for the first time that some distortions in various films have been mentioned. These alleged distortions have since already been reproduced in the earlier part of the judgment. Counsel for the petitioners was, during the course of arguments, specifically asked as to out of so many distortions mentioned in the additional affidavit, which, according to him, was the most serious. Counsel confined to averments made in the original petition wherein, Sardar Bhagat Singh is shown to be singing and dancing with his fiancee. No specific emphasis has been laid on any of the alleged distortions mentioned in the additional affidavit. Learned counsel representing the petitioners does not appear to be even himself convinced to take up individual items mentioned in the additional affidavit. Be that as it may, we have thoroughly gone into the alleged distortions and the dialogues of the actors playing in different films but we do not find anything therein that may detract from the main theme of the film, which is to convey the supreme sacrifice by a martyr. As learned counsel has not taken one by one the alleged distortions mentioned in the additional affidavit, no occasion arises to deal with the same. With a view however to demonstrate the first distortion mentioned in the film titled 'Shaheed-E-Azam' that in one of scenes, Sardar Bhagat Singh has been shown to be sitting with other revolutionaries and the dialogues spoken include Bhagat Singh kitna sunder hai. Kittni gorian marti hain is par. 'Bhagat Singh tu kisi angrej afsar ki beti ko pata ley aur hum dahej mein sara Hindustan maang lenge.', it is not clear as to whether the related dialogues had been attributed to Bhagat Singh or some of his associates. Assuming that the dialogue.... hum dahej mein sara Hindustan maang lenge' is attributed to Bhagat Singh only yet, same only shows the enthusiasm of Bhagat Singh to get India the freedom, for which he struggled and ultimately laid his life.
27. After examining all distortions mentioned in the additional affidavit, we are of the view that there is nothing such that may put to shade or even slightly diminish the exemplary role played by Shaheed Bhagat Singh in its endeavour of freedom struggle, for which clause, he ultimately sacrifice his life. It is not even disputed that supreme sacrifice made by Shaheed-A-Azam Bhagat Singh and the message, the same would convey to the teaming millions in the country runs through and through all the films sought to be banned for exhibition. If that be so, no complaint can at all be made on few scenes or dialogues which Story Writers, Directions and Producers might have thought necessary for better success of the films at the box office. It is too well known that cut and die story of any National Hero of whatever eminence, would not draw any crowds. The profit making or at least running the films without any loss, has to be the natural aim of story writers, Producers or Directors in making the films for public viewing and if while keeping intact the basic character of National Hero, some glamourisation or addition to the main events, which may not be derogatory or offending as such has been made, nothing wrong can be found with the same. The court is rather of the view that in the present scenario, when almost 7 decades have gone by when Shaheed-A-Azam Bhagat Singh died, the only way to remember his sacrifices would be through TV serials or films or the like but, if, no addition, and we may mention that such addition would not distort the main theme, is made it may not attract the audience, which itself would frustrate the very aim for which the films are on exhibition. We are of the view that the petitioners, who are none other than dependents of Sardar Bhagat Singh, far from feeling depressed would feel happy that after so many years, the memories of their ancestral, who laid his life for the nation, is being kept alive. The real brother of Shaheed-A-Azam Bhagat Singh has appreciated the films and congratulated the Director of one of the films by writing letter dated 18.5.2002, clearly stating therein that the film is based upon true life story of his elder brother Sardar Bhagat Singh. It may be reiterated that younger brother of Bhagat Singh was on the panel of consultants. It is further stated in the letter that during his visit to the sets for shooting of the film, he was shown the entire script and it was very heartening that Mr. Santoshi and his team had done so much research and come up with a script which has done full justice in conveying the principles, showing the personality, ideas, views and love for the country and the spirit with which 'Sardar Bhagat Singh' motivated his comrades and countrymen to fight for freedom of the country. He further states in the letter aforesaid that "I was delighted to see that utmost care was taken depicting 'Sardar Bhagat Singh' and his comrades in the film. It is apparent that Mr. Santoshi has done excellent research, which is brought out by the fact that during the detention in the jail and execution, Ajay Devan, who is playing Sardar Bhagat Singh in the film, is shown as clean shaven, the way I saw him last, before his execution.
28. I once again congratulate you on producing this film on the life of my brother 'Sardar Bhagat Singh'.
29. It is rather amazing that whereas, for the real brother of Sardar Bhagat Singh the film does full justice in showing personality, ideas, views and love for the country and the spirit with which Sardar Bhagat Singh motivated his comrades and countrymen to fight for the freedom of the country, for son and daughters of another brother of Sardar Bhagat Singh the film are full of distortions of the life style of Sardar Bhagat Singh. It may also be mentioned that the film was certified by the concerned Board, which consisted of historical experts, namely Smt. (Dr.) Kunjalata Shah and Smt. S. Dhanjishah. It may further be mentioned that whatever objectionable scenes were found in the film, same were censored as would be clear from Annexure R1/2.
30. Finding no merit in this petition, we dismiss the same, leaving however, the par ties to bear their own costs.
Sd/- Kiran Anand Lall, J.