Calcutta High Court Dismisses Plea Challenging Alleged Despicable Portrayal Of Freedom Fighter Gopal Patha In 'The Bengal Files' Movie

The Calcutta High Court on Monday (September 8) dismissed a writ petition filed by the grandson of freedom fighter Gopal Chandra Mukherjee alias 'Gopal Patha' challenging the alleged despicable portrayal of his grandfather in director Vivek Agnihotri's latest film 'The Bengal Files'.

Justice Amrita Sinha in her order said:

"Petitioner intended to obtain certain information under RTI. The time period within which the information ought to have been provided has expired. In the event the petitioner is aggrieved by inaction on part of authority to provide information within statutory time period, then the petitioner ought to avail remedy prescribed under RTI act. Writ petition on said cause of action will not be maintainable. In view of the above the Writ Petition fails and is hereby dismissed. It will be open for the petitioner to approach the competent forum for remedy in accordance with law if so advised". 

At the outset the Counsel appearing for the film producer and director submitted that the plea had been served on his clients on Saturday, and he was engaged yesterday evening. He said that he had received the email late night yesterday and submitted that if the matter can be taken up after two days. He further said that the plea has become infructuous as the movie has been released. 

The counsel appearing for the CBFC submitted that an information was sought for under RTI Act. "That time expired. As per my instructions no appeal has been filed...if you look at Complaint, it can be defamatory suit or criminal matter...," the counsel said. 

Meanwhile the counsel for the petitioner submitted that he had approached all possible legal instrumentality and forum but no one came to his help. 

"What Police inaction?," the court asked. The counsel submitted that he had questioned the CBFC on two grounds.

"Firstly what was the role of CBFC in considering depiction of historical character specially in reference to my grandfather? How the depiction was evaluated by members of CBFC? They have not revealed till date," the counsel said. 

He said that he had re-evaluation of the contents of the movie, to remove, edit or make necessary cuts to the movie. 

The court asked as to where was the representation to the CBFC. The petitioner's counsel said that he had submitted that he had reiterated the two questions. 

"Question and Answer are different things. If you have a prayer, complaint before any authority? Where is the representation?" the court orally asked. 

The petitioner's counsel said that he had sent a mail and had reminded that he had asked the questions not merely posed as questions. 

"RTI is a different thing alltogether...if no explanation is provided there is provision for appeal, there is provision for second appeal. You avail those," the court orally remarked. 

The counsel said that he had sent a reminder to which the court said that the reminder is not the end of the whole thing. 

Background

According to the plea, the matter pertains to the gross victimisation of the petitioner by the state through indifference meted out to him over his plea before the police, the CBFC and a Board Member of the CBFC, and maker of the film, Vivek Ranjan Agnihotri about the, “outright despicable depiction of his late grandfather the famous freedom fighter Gopal Chandra Mukherjee being propagated through an upcoming fim titled The Bengal Files.”

It is said that the petitioner sent a legal notice to director Vivek Ranjan Agnihotri seeking clarification as to why the petitioner's late grandfather Sri Gopal Chandra Mukherjee was wilfully and maliciously defamed before the world at large but had received no reply despite the fact that Agnihotri admittted in an interview that he had received a lawful communiqué from the petitioner's Advocate regarding the depiction of the late Gopal Chandra Mukherjee.

The petitioner also sent a written complaint to the Bowbazar Police Station on 18.07.2025 and again on 23.08.2025 but till date the police had taken no tangible steps to provide any relief regarding the same nor has any visible steps been taken to stop the dissemination of misinformation before the world through Youtube and other means.

The petitioner had aiso sent an RTI application to the Central Board of Film Certification(CBFC) on 12.08.2025 but till date no reply with regard to the petitioner's questions had been given.

Accordingly, the writ petitioner filed this writ petition to seek adequate legal measures against the arbitrary indifference of the state authorities and the CBFC.

The plea, filed by advocate Debanjan Mukherjee, seeks direction to the CBFC to initiate a probe into and disclose the findings as to what standards were followed and which Board Members took part in evaluating the suitability of the movie, as well as the role of Vivek Agnihotri in the release of the said movie. It also seeks a direction for Agnihotri to step down from his position as the Board Member(Mumbai) of the CBFC as long as the probe lasts to ensure its impartiality.

The petitioner also seeks removal of any and all content on YouTube or any other social media that tarnishes the reputation of his family, and all necessary changes/cuts in the movie where Gopal Mukherjee is allegedly depicted dishonourably.

Case title: SANTANU MUKHERJEE v/s UNION OF INDIA AND ORS.

Case title: WPA/20884/2025