Names Of Terrorists Added In Disclaimer: Delhi HC Dismisses PIL By Hindu Sena Chief Seeking Ban On Netflix Series 'IC 814: The Kandahar Hijack'

The Bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela said, "In view of the disclaimer inserted by the respondent no. 7 (Netflix). He does not wish to press the petition. The same is disposed of."

At the outset, Advocate Shashi Ranjan Singh, appearing for the petitioner, submitted that Netflix (respondent no. 7) has added a disclaimer mentioning the names of the terrorists. "So, nothing survives in the petition. I may be allowed to withdraw the petition," Singh submitted. 

Singh also submitted that in this web series, the names of the terrorists that were involved in the 1999 Hijack were Ibrahim Akhtar, Shahid Akhtar Sayeed, Sunny Ahmad Qazi, Zahoor Mistry, and Shakir, and the series created did not disclose their names in the disclaimer. He informed the Bench that the series is in form of a documentary and anyone who watches it and is not familiar with the Hijack of 1999, will believe that the actual terrorist were "Bhola" and "Shankar".

The Counsel further submitted that the names Bhola and Shankar is associated to lord Shiva, Hindus worship him. "So, my petition was only that they should have added a disclaimer disclosing the names, now they have added so, nothing survives," he contended. 

Accordingly, the Court disposed of the petition. 

The PIL, which has been filed by 60-year-old farmer Surjit Singh Yadav, who also heads an organization named 'Hindu Sena' calls for the revocation of the series' certification by the Central Board of Film Certification (CBFC). Yadav's petition argues that the series misrepresents the identities of the terrorists involved in the 1999 hijacking of Indian Airlines Flight IC 814.

The petition filed through Advocate Shashi Ranjan Singh claims that the series distorts the true identities of the hijackers, misleading the public by presenting them with Hindu names. "The distortion of crucial facts about the real identities of the hijackers not only misrepresents historical events but also perpetuates harmful stereotypes and misinformation, warranting interference of this court to prevent further public misunderstanding and potential harm," the petition reads.

The Petitioner claims that this portrayal is a significant distortion of the actual events and an insult to the Hindu community. It argues that the use of sacred Hindu names for terrorists not only spreads misinformation but also hurts religious sentiments.

The PIL further criticizes the series for failing to acknowledge the long-term impact of the terrorists who were released as part of the negotiations during the hijacking. According to Yadav, this omission diminishes the severity of the real-life incident and misleads viewers about the true nature of the events.

"That the series further doesn't acknowledge the long-term impact of the terrorists released during the hijacking, diminishing the severity of the real-life events. That the concealing the real identities of the terrorists and using the names like Bhola and Shankar for them is an absolute distortion from the real facts and incidents and insult to Hindu Community as the names Bhola and Shankar are the other names of Lord Shiva," the PIL reads.

According to news reports, the Netflix Content Head was also summoned by the Ministry of Information & Broadcasting over the 'IC814' web series content row. However, later Netflix provided an assurance to conduct a content review and guaranteed that all future content on their platform will be sensitive to and in accordance with the nation's sentiments. Thereafter, Netfilx has issued a disclaimer mentioning the real names of the terrorists along with their nick names. 

Cause Title: Surjit Singh Yadav v. Union of India & Ors. [W.P.(C)-12494/2024]