Why So Sensitive? P&H High Court Refuses To Entertain PIL For Change Of Farhan Akhtar's Movie Name '120 Veer Bahadur'

The Punjab and Haryana High Court today refused to entertain a Public Interest Litigation (PIL) seeking to change the title of Farhan Akhtar's movie from '120 Veer Bahadur' to '120 Veer Aheer', noting that a review of the film's certification is still pending and that the Union Government has assured it will decide the matter within two days, as the film is scheduled for release this Friday (November 21).

Sanyukt Akhir Regiment Morcha, had moved the Court seeking direction the change of name of movie from “120 BAHADUR” to “120 VEER AHIR”, to quash and recall the certification granted to the on the ground of distortion of historical facts relating to the Battle of Rezang La (1962). 

Chief Justice Sheel Nagu and Justice Sanjiv Berry said, "Why are you so sensitive about what name has to be given to the movie...you have just seen the trailer,  the bravery of the soldier will have to be seen in 2 hrs movie."

The plea alleged that the Ministry of Defence and Central Board of Film Certification despite statutory obligations have failed to ensure historical correctness in storyline or consult the organization, resulting in arbitrary  administrative action contrary to the principles laid down in the judgments of Maneka Gandhi v. Union of India (1978) and Union of India v. R. Gandhi (2010).

It further stated that said official history records that out of 120 soldiers, 114 were killed in action, while 6 survived, and that the Company, predominantly composed of Ahir/Yadav(117) soldiers from Rewari and neighbouring districts of Haryana, fought to the last man and last round under the command of Major Shaitan Singh.

"The upcoming feature film titled "120 Bahadur" grossly distorts this collective history, portraying the battle as the solitary heroism of one officer under the fictionalised name 'Major Shaitan Singh Bhati', thereby erasing the regimental and community identity to the Ahir soldiers whose valour and martyrdom constituted the soul of the engagement," it added.

Counsel representing Union Government Senior Advocate Dhiraj Jain submitted that the film was examined by an Examination Committee comprising of 4 Independent Members and 1 Examination Officer duly constituted under the Rules and it was also assisted by an independent subject expert (in accordance with the provisions of Rule 23(3) of the 2024 Rules) who had served in the Indian Army for approximately 30 years and retired from the position of Brigadier in the same regiment which has been portrayed in the film in question.

All the relevant provisions of the 1952 Act, the 2024 Rules and the guidelines issued by the Central Government have been duly complied with, he added.

Counsel representing Director of the Farhan Akhtar, Advocate Abhinav Sood stated that, the present plea is premature, as the objections of the Petitioners are founded solely on the basis of a teaser of the film and 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, he added.

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 and the Petitioners have already invoked this remedy, he added.

After hearing the submissions, the Court disposed of the plea stating that, "...the petitioner has filed revision under sec 6 of cinematographers act. The Union has assured that it will decide the representation in 2 days."

Advocates Manish Soni, Priyanka Soni, Gurdeep Grewal, Ishita Negi for the petitioner.

Senior Advocate Dhiraj Jain appeared for the Union Government.

 Advocates Abhinav Sood, Jay K Bhardwaj, Priyadarshini Arora, Anmol Gupta, Akshay Sharma for EXCEL ENTERTAINMENT PVT LTD, Director Farhan Akhtar.

Title: Sanyukt Akhir Regiment Morcha and Others v. Union of India and Others