LAWS(DLH)-2006-2-158

RAGHU NATH PANDEY Vs. BOBBY BEDI

Decided On February 22, 2006
RAGHU NATH PANDEY Appellant
V/S
SH. BOBBY BEDI Respondents

JUDGEMENT

(1.) Mangal Pandey, though the first martyr of freedom struggle of India of 1857, but lesser known earlier, is a household name today. It was a name known to the students of history earlier. Even history students, except those who studied freedom struggle of India in depth, may not have known in detail about his deeds except that there was a character Mangal Pandey who was in British Army and revolted against the Britishers in 1857 Mutiny. Today heroic deeds of Mangal Pandey are known to every person-be it a student of history or not; be it a highly educated person or illiterate; be it an old or a young; be it a college going student or a child studying in primary school. It is because of the movie titled 'Mangal Pandey-The Rising produced and released in India and abroad in the month of August 2005. The impact of Bollywood films-even when they are commercial films-is well known among Indian public. The impact becomes greater and deeper when the movie cast is the icon. Glamourisation and widespread advertising adds to this impact. Much before the movie 'Mangal Pandey-The Rising' was released, media hype about this movie was created when it was being shot. That is the reason that on its release it created ripples. Whether it became a Box Office hit, i.e. commercially successful venture or not, is immaterial. The fact remains that it was much talked about, particularly the character of Mangal Pandey who is depicted as the great freedom fighter and on whose life the film has been produced as a historical movie to present to the young generation his personal and patriotic life. At the same time it: has been embroiled in controversy.

(2.) Indubitably, Mangal Pandey was a less known freedom fighter even for the historians. There is not much literature about his personal life and his heroic deeds. Therefore, the movie evoked reactions about the correctness of his sublime character depicted in the movie. Columns, articles, write ups, critiques appeared in newspapers and magazines. There were discussions on this in various programmes shown in electronic media as well. We are not concerned with this kind of controversies which the main character Mangal Pandey of the movie generated.

(3.) Present suit filed by the plaintiffs, who claim themselves to be descendants of Mangal Pandey family, raises different kind of controversy altogether. While on the one hand they express their gratitudes to the producers well as application disposed of. well as application disposed of. f the film for glorifying the great freedom fighter and making today's generation aware of his sacrifices, at the same time they feel pained and anguished at the introduction of some of the characters and scenes in the film associating Mangal Pandey with them. According to the plaintiffs, defendants have, by doing this, distorted the history of freedom struggle for independence of India and also defamed and disreputed Mangal Pandey and the entire Pandey family as well as their generations. According to the plaintiffs, it is unfortunate that this action of the defendants, who are the producers, distributors, directors, story/script writers and main characters (hero and heroine) of the movie, is guided by the ulterior motives of making personal financial gains for commercial success of the movie, totally unmindful of their duty not to offend the personal life and character of the great martyr, his coming generations and the place he belonged to and even the entire nation. They, therefore, feel cheated and are unhappy.