The Delhi high court on Monday asked the Central Board of Film Certification (CBFC) to consider the objections of parents of Major Mohit Sharma, who was killed during a counter-terrorism operation in Jammu and Kashmir, while granting certification to the film Dhurandhar.
Justice Sachin Datta directed the CBFC to consider and examine the grievances raised by the parents before deciding on the film certification, and disposed of the petition.
"The petition is disposed of with a direction that the CBFC will consider all the aspects of the matter, including the concerns of the petitioner, before granting certification.
"If the CBFC considers it relevant to refer the matter to the Indian Army for necessary approvals, they should do that too. Let the exercise be completed by the CBFC as expeditiously as possible," the court said.
The parents of Major Sharma have sought a stay on the film's release, claiming that it appeared to be directly inspired by the life of the decorated officer and has been made without the consent of the family or the Army.
The petition said the film's trailer, visual presentation, character design, military setting and narrative unmistakably mirror the real-life operations and heroic sacrifice of Major Sharma, who laid down his life during a counter-terrorism operation in Jammu and Kashmir's Kupwara in 2009.
It said the film appears to be directly inspired by the life, persona, undercover operations and martyrdom of Major Sharma, without any consent, consultation, verification or prior permission from the family or the Indian Army.
The family has contended that such depiction, without authorisation, violates its right to privacy, dignity, reputation and the posthumous personality rights of the martyr under Article 21 of the Constitution.
During the hearing, the CBFC's counsel informed the court that it was yet to grant certification to the film and that the producer had clarified that the movie was not a biopic.
The counsel for producer Jio Studios also claimed that the movie was not a biopic, but a work of fiction and was not at all based on Sharma's life. He added that the CBFC had also recommended certain cuts.
The petition has also raised serious concerns regarding national security, given that the film portrays sensitive military operations, undercover infiltration patterns, counter-terrorism strategies, special forces' methodology and the internal structure of India's security apparatus.
It has arrayed the Union ministry of information and broadcasting, CBFC, additional directorate general of public information of the Army, director and co-producer of the film -- Aditya Dhar and Jio Studios -- as respondents to it.
The plea has sought a stay on the film's commercial release. Alternatively, it has sought a direction for a private screening for the family prior to a public release and a declaration that no film portraying a real military martyr may be released without due authorisation from legal heirs and the Army.