High Court refuses to stay streaming of 'Gunjan Saxena'
The Delhi High Court refused to stay the streaming of 'Netflix' movie "Gunjan Saxena – The Kargil Girl' on the Centre's plea as it 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 on the 'Over the Top' (OTT) platform and said an injunction cannot be granted now as the film is already streaming. The movie was released on 'Netflix' on August 12.
The high court issued notices and sought response of 'Dharma Productions Private Limited', which produced the film, its directors Karan Yash Johar and Hiroo Yash Johar, CEO Apporva Mehta of 'Zee Entertainment' and 'Netflix Entertainment Services India LLP' on the Centre's suit and interim application to remove the movie from all OTT platforms.
The court said that it was of the view that former Flight Lieutenant Gunjan Saxena, on whose life the film is based, should also be made a party to the suit and issued notice to her seeking her response. The court also listed the matter for further hearing on September 18 and asked the Centre to remove IAF from the memo of parties by saying that the government can itself take this forward.
Additional Solicitor General Sanjay Jain (ASG), representing the Centre, said the movie dented the image of the IAF as it showed that the force is gender biased, which is not correct.
The government, in its suit filed through central government standing counsel Gaurang Kanth, sought a decree of permanent injunction against the defendants from broadcasting or releasing in theatres or any other digital platform the film 'Gunjan Saxena', without grant of no-objection certificate (NOC) from it.
Jain further argued that the picture was never shown to the preview committee and was set up in accordance with the Ministry of Defence's 2013 guidelines. Also, NOC was not taken from the Centre of IAF, objections flagged by them were ignored and a Memorandum of Understanding (MoC) was not signed. He sought injunction against streaming of the film and said that it is a continuing cause of action and the movie has shown IAF in a very poor light as if the force is gender biased.
Senior advocate Harish Salve, appearing for 'Dharma Productions', said that the Centre's plea is devoid of basic particulars and he had also seen the movie, which according to him, had portrayed the IAF in a very good light.
Senior advocate Neeraj Kishan Kaul, representing 'Netflix', told the court that the script of the movie was shared with the IAF in 2018 and the film was shown to them in February 2020.
