Against the release of staying the release of Madhur Bhandarkar’s film Indu Sarkar, which is based the Emergency period that lasted for 21 months between 1975 and 1977, the Supreme Court stated that there is nothing wrong in dramatizing and depicting historical events on the silver screen.
After going through the trailer of the film, the bench of Justices Dipak Misra, Amitava Roy and A M Khanwilkar reckoned since the concerned movie is not a documentary, the filmmakers have the right to present facts in a dramatized fashion.
The bench said, “Depiction of history has its own nuances and perception. Allow researchers and projectors to showcase their work. Do not go behind them… As far as exhibition of the movie is concerned, we are of the opinion that it is an artistic expression within the parameters of law and there is no warrant or justification to curtail the same.”
Priya Singh Paul, who claims to be the biological daughter of Late Sanjay Gandhi, moved to the apex court after her plea of staying the release of the film was rejected by the Bombay High Court.
K Sultan Singh, Paul’s advocate, said to the court that the characters that played the roles of Late Sanjay Gandhi and his mother and former Prime Minister Indira Gandhi, showed both o them in bad light. He further said in the court that the film’s director admitted that only 30 per cent of the film was based on facts.
“This is purely a commercial venture and it has nothing to do with education or documentation of that era,” Singh added.
On the other hand, Bhandarkar’s lawyer Dhruv Mehta harped on the fact that the CBFC (Central Board of Film Certification) has cleared the film which is a work of fiction. He said, “In any film, dramatization of historical events cannot be curbed. CBFC has carefully considered the film and granted certificate… It is my fundamental right of expression and it cannot be curbed.”
