'Dhurandhar' Film: Delhi High Court Asks CBFC To Consider Concerns Of Late Major Mohit Sharma's Parents; No Stay On Release For Now

The Delhi High Court on Monday closed a plea moved by parents of Ashoka Chakra awardee late Major Mohit Sharma seeking urgent stay on the release of the film “Dhurandhar.”

The Ranveer Singh starrer, directed by Aditya Dhar, is slated to release on December 05.

Justice Sachin Datta directed the Board to consider and examine the grievances of the parents raised in their plea, before deciding on the film certification.

The counsel appearing for the parents said that it was not a case of “vague resemblance” but the film is based on legacy of Sharma. He said that while the producer may claim fiction in the film but the audience as well as the media recognizes the protagonist, played by actor Ranveer Singh, as Sharma.

Senior Advocate Saurabh Kirpal appearing for the producers said that Sharma was shot in Jammu whereas the film is about Indian Special Forces officer, and is based in Pakistan. The location is different, he said.

He said that the film is a work of fiction and not based on Major Sharma's life.

Advocate Ashish Dixit appeared for CBFC and submitted that the film certification is under process and that the film is based on fiction.

As the parents' counsel requested a private screening for the family, the Court disposed of the plea noting that the issue of certification of the film is still under consideration of the CBFC.

The Court directed the certification board to take into consideration the concerns raised in the petition by Sharma's family and expedite the matter.

The judge has also asked the Board to consider if the matter has to be referred to the expert body of the Indian Army.

In their petition, the parents said that the film “appears to be directly inspired” by the life, persona, undercover operations and martyrdom of their son, without their consent.

The petition submitted that the trailer, character design, military setting, and narrative of the film “unmistakably mirrors” the real-life operations and sacrifice of Major Mohit Sharma.

Sharma lost his life during a counter-terrorism operation in Kupwara in 2009.

The family contended that such depiction, without their authorisation, violates their right to privacy, dignity, reputation and the posthumous personality rights of the martyr under Article 21 of the Constitution of India.

The parents said that no prior permission or script vetting was sought from the Additional Directorate General of Public Information (ADGPI), Indian Army.

The Respondents in the plea were Union of India through Ministry of Information & Broadcasting, Central Board of Film Certification, ADGPI, Indian Army; Aditya Dhar (Director & Co-Producer), Jio Studios and Jyoti Deshpande (Producer).

Apart from seeking stay of the film, the plea sought a direction for private screening for the family prior to public release.

The family also sought a declaration that no film portraying a real military martyr may be released without due authorisation from legal heirs and the Indian Army.  

Title: Sushila Sharma & Anr v. Union of India & Ors