New Delhi: The Delhi High Court refused Wednesday to stay at this stage the streaming of Netflix movie, Gunjan Saxena – The Kargil Girl. The Centre had earlier moved the Delhi High Court that the movie should be stayed. It had said that the movie depicts the Indian Air Force (IAF) in bad light.
Justice Rajiv Shakdher asked the Centre as to why it did not approach the court before the release of the movie. The movie has been released on the Over The Top (OTT) platform. The Delhi High Court bench said an injunction cannot be granted now as the film is already streaming. The movie was released August 12 on Netflix.
The high court also issued notices and sought response of Dharma Productions Private Limited, which produced the film. It also sought responses from its directors Karan Yash Johar and Hiroo Yash Johar. Notices were also issued to Zee Entertainment, Netflix Entertainment Services India LLP and M/s Netflix. The notices were issued on the Centre’s suit and interim application to remove the movie from all OTT platforms.
The court said it was of the view that former Flight Lieutenant Gunjan Saxena should also be made a party to the suit. The bench issued notice to her seeking her response. The movie is based on the real life heroics of Gunjan Saxena.
Also read: The lessons Janhvi Kapoor learnt while portraying the role of IAF pilot Gunjan Saxena
The court has listed the matter for further hearing September 18. It asked the Centre to remove IAF from the memo of parties. It said the government can itself take this forward.
Additional Solicitor General Sanjay Jain (ASG), representing the Centre, said the movie has dented the image of the IAF. The film he alleged showed that the IAF is gender biased, which is not correct.
Jain argued that the picture was never shown to the preview committee, set up in accordance with the Ministry of Defence’s 2013 guidelines, NOC was not taken from the Centre of IAF, objections flagged by them were ignored and a Memorandum of Understanding (MoC) was not signed.
“In the India Air force, we give the highest regards to women. We have been made a subject matter of ridicule even for countries with whom we are not having friendly relations. IAF’s image has been dented,” the ASG contended.
Senior advocate Harish Salve appeared for Dharma Productions. He said the Centre’s plea is devoid of basic particulars. He asserted he has also seen the movie which had portrayed the IAF in a very good light.
“The movie starts by saying that it is inspired by the story of… I saw the movie yesterday and IAF comes out in glory. There is no organisation which does not have gender issues. Anything said in criticism is not slander. Haven’t we seen it (gender bias) in our profession? You can’t pick four scenes and say slander. A letter (from the Chief of Staff) does not curtail free speech,” Salve submitted.
Agencies