PARAMJIT KAUR Vs. UNION OF INDIA

JUDGEMENT

(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:-

(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.