JAMMU: In a suit filed by Nirmal Kumari alias Shalini Khanna, wife of martyr Squadron Leader Ravi Khanna seeking direction to defendants to immediately remove & delete scene and incorrect facts displayed /shown regarding her husband namely Martyr Squadron Leader Ravi Khanna in movie ‘The Kashmir Files’ to be released on March 11, 2022, Additional District Judge Jammu, Deepak Sethi after hearing Adv Himanshu Beotra and Adv Rohan Kidar Sharma for plaintiff restrained Director Vivek Ranjan Agnihotri and Abhishek Aggarwal Arts through its Producer, Abhishek Agarwal to showcase some scenes of movie ‘The Kashmir Files’ by imposing temporary injunction. As per the applicant, the scenes depicted in the movie regarding Martyr Squadron Leader Ravi Khanna are absolutely and entirely unrelated and non-identical to actual facts and urged for directing the producers to amend/alter scenes and incorrect facts, in accordance to actual and true facts which occurred on date of incidence i.e., January 25, 1990 whereby husband of plaintiff was martyred.
During the course of hearing, Adv Himanshu Beotra and Adv Rohan Kidar Sharma submitted that in 1990, especially during its commencement, Srinagar was going through a humongous turmoil and strained atmosphere with clouds of communal tension hovering all over in backdrop of different vital developments viz., migration of Kashmiri Pandits followed by brutal massacre, release of 5 dreaded terrorists in exchange of Rubeya Sayeed, daughter of the then Union Home Minister, Late Mufti Mohammad Sayeed and most importantly, the separatists’ call to announce independence of Kashmir on January 25, 1990 from Radio Kashmir by capturing the station. Moreover, all aforesaid developments coupled with others triggered security apparatus of the State machinery to a high-level amid which brave soldiers including the husband of plaintiff being inclined to their duties as their sole worship, willing to sacrifice for their country, did not compromise with their responsibility bothering least about safety, security and well being vis-à-vis of them and their family members. At that time, plaintiff along with her husband and children were stationed and living at Rawal Pura Housing Colony (a civilian colony) without any security, during his posting at 1st Wing Srinagar and on fateful day of January 25, 1990, at about 07:00 AM, while the husband of the plaintiff left for his office as usual despite announcement of curfew and stood waiting for his official bus at a nearby point with a fellow officer, namely Flight Lieutenant B R Sharma, one Yaseen Malik came on his motorcycle and asked for directions towards Nautipora and shot a bullet in his abdomen from a very close range. However, brave husband of the plaintiff, despite suffering bullet injury, entered into a scuffle with terrorist in order to overpower him and emptied his gun in air but unfortunately other terrorist, on another vehicle, further shot him with entire magazine of AK-47, leading to his martyrdom of at an age of 38 years. It was further submitted that whole scene was also witnessed by aforementioned Flight Lieutenant B R Sharma, who accompanying the martyr at that particular point and even plaintiff, after hearing gun-shots, went to the roof top and saw some people dancing at crime scene which was approximately 50 yards away & effectively visible to plaintiff, after which she rushed to the spot and was shocked to see her husband lying down unconscious. Moreover the plaintiff requested officers around to carry her husband to hospital after which he was shifted to hospital in an official vehicle but declared as brought dead. It is apt to mention that aforesaid terrorist had also martyred 3 other airmen of Indian Air Force at Barzella, moments before martyring husband of plaintiff, who were also waiting for their bus at their respective point at Barzella.
Giving further details, the advocates submitted that in the movie it was shown that husband of plaintiff was distributing toffees among children while he was martyred by terrorist in a throwaway manner, in complete contradiction to the actual course of events occurred on that day. It was submitted that there was a call by separatists for announcing independence of Kashmir on that particular day in lieu of which there was a curfew and Government officials, especially those of defence forces, were prime target of separatists to their call. However, in movie, the scene has been shown in a manner which not only underrates essence of courage possessed by husband of the plaintiff despite looming threat by separatists, but also tends to lower intestinal fortitude and commitment of soldiers who vow to put their lives at stake despite all odds, for their motherland and projection of scene. The facts relating to brave husband of the plaintiff in the movie has served a fatal shock to the plaintiff whereby the defendants, by paralyzing real course of events, have drafted the scene as per their infatuation without asking the same from plaintiff or an eye-witness Flight Lieutenant B R Sharma or even from contents of case, pending disposal at TADA Court Jammu, which is easily available in public domain. However, the defendants alleged to have considered events and information available in public domain as basis for movie which is unequivocally incorrect as scene pertaining to husband of the plaintiff is more a fiction and completely moved by their whims and fancies, coupled with their obsessive aim to entertain audience instead which defeats the very purpose of movie. The plaintiff further submitted that after culmination of screening of movie, she even narrated the actual facts to defendant & other audience and apprised them about errors related to scenes and facts with a request to either delete, remove or amend the same in accordance to actual facts before release of movie, but defendants turned a deaf ear towards plaintiff and did not bother to address plaintiff and her grievances.
The Kashmir Files: Court restrains showcasing scenes related to Martyr Sqn Ldr Ravi Khanna
