‘The Bengal Files’: HC rejects plea on film portrayal of freedom fighter

Kolkata: The Calcutta High Court on Monday dismissed a writ petition filed by the grandson of freedom fighter Gopal Chandra Mukherjee, popularly remembered as Gopal Patha, who had objected to his depiction in director Vivek Agnihotri’s film The Bengal Files.

Justice Amrita Sinha, while delivering the order, said the petition stemmed from questions raised under the Right to Information (RTI) Act. The court noted that the statutory time limit for receiving a response from authorities had expired, and the petitioner should have pursued the appeal process provided under the Act.

Since those remedies were not availed, the court held that the writ petition was not maintainable. The judge dismissed the plea but left it open for the petitioner to approach an appropriate forum if advised.

During the hearing, counsel for the film’s producer and director pointed out that his clients had been served with the petition only two days earlier and he had been formally engaged just the previous evening.

He added that the petition had effectively lost relevance since the movie had already been released.

The Central Board of Film Certification (CBFC), represented by its counsel, submitted that the matter was essentially related to information sought under the RTI Act. The board noted that the prescribed period had lapsed without an appeal being filed. It was further argued that the issues raised by the petitioner, if pursued, could fall under defamation or criminal proceedings, rather than a

writ petition.

Counsel for the petitioner argued that he had questioned the CBFC’s role in clearing the film, particularly regarding the portrayal of his grandfather, and had sought a re-evaluation of the content. The court, however, remarked that reminders sent to the board could not substitute the legal appeal mechanism under the RTI Act. The writ petition was accordingly dismissed.