The Delhi supreme court on Friday declined to remain the discharge of movie ‘Nyay: The Justice’, purportedly supported late Bollywood actor Sushant Singh Rajput’s life, in cinema halls and on OTT platforms, saying there’s no “unholy interest” within the story of the man’s life which was “exceptional”.
A vacation bench of Justices Anup Jairam Bhambhani and Jasmeet Singh said there’s nothing to point out that there would be any detrimental effect on Rajput’s reputation by the production of flicks about his life supported “what is out there publicly domain”.
Rajput’s father Krishna Kishore Singh had challenged one judge’s order refusing to remain on the film or to restrain anyone from using his son’s name or likeness in movies.
The supreme court said there was no written script or story which has been employed by the filmmaker and refused to pass any interim order on the appeal by Sushant’s father.
“There is nothing that they (makers) have or they might have had used except what’s available within the property right. there’s no unholy interest within the biography because the man’s life was an exceptional life which may be a plausible theme for a movie and that they have made a movie,? the court said.
The supreme court issued notice and sought a response from the movie’s director Dilip Gulati and producers Sarla Saraogi and Rahul Sharma et al. while posting the matter for hearing on July 14.
The bench noted the submission of senior advocate Chander Lal that the film has been released on the website and a mobile app on June 11 as scheduled.
Senior advocate Harish Salve, representing Rajput’s father, argued that the producer and therefore the director of the film have commercially exploited the biography of the actor who allegedly committed suicide at his Mumbai home last year.
Salve argued that the only judge has misdirected, misapplied, and misinterpreted the law laid down by the Supreme Court in the Puttaswamy case (Right to Privacy).
At the outset, the counsel appearing for the director of the movie told the court that the film has been released on the OTT platform named Lapalap original as scheduled.
Salve, however, said: this is often some obscure platform and only God knows what quiet website is this.
He said the movie goes to infringe upon the proper to privacy and therefore the right to a good trial and with each passing day, it’s causing damage to the reputation of the actor.
“The film is trying to portray his life. What exactly happened to him remains under investigation. you can’t jump the gun,” Salve said.
The supreme court had earlier sought to understand whether ‘Nyay: The Justice’, purportedly supported Rajput’s life, has been released as scheduled on June 11 after both the director of the film and therefore the actor’s father gave contradictory statements on the aspect.
The single judge had on June 10, refused to remain the discharge of several movies, including ‘Nyay: The Justice’, saying these films are neither portrayed as biopic nor factual narration of what transpired in his life.
“Posthumous privacy right isn’t permissible”, it had said in its interim order on a plea by Rajput’s father to restrain such films.
The single judge had earlier said it found merit within the submissions of producers and directors that if the information of events that have occurred is already within the property right, one cannot plead any violation of the right to privacy on a movie inspired by such events.
Some of the upcoming or proposed movie projects that supported his son’s life include, ‘Suicide or Murder: A star was lost’, ‘Shashank’, and an unnamed crowd-funded film.
The court had directed the filmmakers to render complete accounts of the revenue earned from the films, if any case of damages is formed call in the future and listed the suit for completion of pleading before the joint registrar.
It had said the producers and directors claimed the films to be fictional renditions of true events surrounding the lives of film/TV personalities, including Rajput who was found dead at his range in Mumbai. The investigation remains on.
The had court said it didn’t find merit within the plaintiff’s contention to restraint on the strength of his right to fair trial concerning the unnatural death of his son, saying no foundation is about up to demonstrate how the films would impair the trial.
It had termed as a misconceived plea that the content of the film is defamatory and can damage his and his son’s reputation.
The suit has claimed that just in case a “movie, web-series, book or the other content of comparable nature is allowed to be published or broadcasted, it might affect the proper of the victim and deceased for a free and fair trial because it may cause prejudice to them”.
It has also contended that Rajput being a well-known celebrity, “any misuse of his name/ image/ caricature/ sort of delivering dialogues also amounts to infringement of the personality right vested with the plaintiff besides amounting to acts of passing off”.
The contentions of Rajput’s father are opposed by the filmmakers of the upcoming and proposed movies.