Why so sensitive about name? Punjab and Haryana High Court on PIL against film 120 Bahadur

The Union government on Monday told the Punjab and Haryana High Court that a representation against the release of the movie '120 Bahadur', which stars actor Farhan Akhtar as Param Vir Chakra awardee Major Shaitan Singh Bhati, will be decided within two days

Considering the statement, the Division Bench of Chief Justice Sheel Nagu and Justice Sheel Nagu disposed of a Public Interest Litigation (PIL) petition that sought a stay on the release of the movie depicting the story of the Battle of Rezang La.

The PIL essentially prayed that the movie's name be changed from '120 Bahadur' to '120 Vir Ahir' to honour the 120 soldiers who fought the battle.

The petitioner also called for the names of all 120 soldiers - 114 who had died in action and six who survived - be included in the movie.

However, the Court questioned why the petitioners were so sensitive about the issue.

"Why are you so sensitive about what name should carry, whether a film should be named so and so. Bravery of soldiers will be seen in that 3 hour or 2-and-a-half hour movie," Chief Justice Nagu remarked.

The Court eventually declined to go into the merits of the matter and passed the following order,

"This petition has been filed as a PIL raising an alleged public cause that a film named '120 Bahadur' ought to be renamed as '120 Vir Ahir'. It is also informed that the said film is to be released on 21st of this month and despite the petitioner having preferred a review under Section 6 of Cinematograph Act, 1952, on 10th of November, received by Central government on 13th, [the same is still] is under consideration. The counsel for the Central government has assured that the Central government would decide the said revision within two days. In view of the aforesaid assurance, the present petition stands disposed with the liberty to revisit the Court, in case of further grievance."

The PIL before the Court was moved by Sanyukt Ahir Regiment Morcha and the family members of those who died in action during the Battle of Rezang La.

The petitioners alleged that the movie on the 1962 Indo-China battle distorts the historical truth by singularly glorifying Major Singh as a lone protagonist, thereby erasing the collective identity, regimental pride and the contribution of Ahir soldiers, who fought and fell beside him.

"That by suppressing the collective nature of the battle and substituting the regiment's historical composition, the Respondents have 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 said.

As per the plea, the Charlie Company (C. Company), consisting of 120 soldiers, 117 of whom were Ahirs from Rewari, Narnaul, Mahendragarh, and neighbouring regions, fought at an altitude of about 18,000 feet in temperatures as low as minus 40°C against the Chinese force of more than 3,000 troops.

"No single name or face may justly monopolise the laurels that rightfully belong to the entire brotherhood of the fallen," the plea contended

During the hearing today, counsel representing the petitioners submitted that a representation was made against the film certification but no action has been taken.

Advocate Abhinav Sood, representing the movie producers Excel Entertainment, said the censor board, as well as the Union Ministry of Defence cleared the movie.

Sood also argued that the petitioners have already availed an alternative remedy. It was further contended that the petition was premature and based on a trailer only.

"The thanks page is there, everything is there. This is premature. Based on a three minute trailer, they cannot file a PIL," Sood said.