Chhota Rajan Moves Bombay High Court Against Netflix Series Scoop, Alleges Infringement Of Personality Rights

Rajan has impleaded the producer Matchbox Shots LLP, writer Hansal Mehta and Netflix India as defendants in the suit.

“The contents of the said trailer are absolutely false, misleading & deceptive and is done with in a feeble attempt to create a sensation amongst the public so as to obtain profits by the unauthorized use of the Plaintiff's name, image and/or reference for which the Defendants are liable to serious legal implications,” according to the plaint.

Currently lodged in Tihar Jail, Rajan was convicted along with 9 others for the death of crime reporter Jyotirmay Dey, who was shot in 2011. Jigna Vora, a journalist and Rajan’s co-accused, was acquitted. The Netflix series is inspired by Vora’s memoir ‘Behind Bars in Byculla: My Days in Prison’.

According to the plaint, Rajan was alerted to the series by his wife who came across the trailer. The plaint states that the trailer makes various references to his name, image and purported voice, and portrays him as the main conspirator behind Dey’s death. Rajan has claimed in the plaint that the contents of the trailer are false, misleading, and deceptive and the makers intend to create sensation and obtain profits by using his name and image.

Rajan has alleged that though the names of other persons have been changed in the series, his real name has been intentionally used for hype and popularity and to sensationalize the web series. This is causing prejudice against him in various court cases, including his appeal before the High Court, according to the plaint.

Rajan alleged that the defendants are monopolizing his name and image by using them without consent and attempting to link him to the story of a case pending before the court. Further, the defendants are attempting to influence the proceedings pf his appeal against conviction, he has alleged.

This is causing invasion of his privacy, infringement of his reputation, name, and personality rights including name, likeness, voice, mannerisms, and other prominent features, according to the plaint.Rajan has also expressed apprehension that his and his family’s lives are in danger due to all the negative criticism and comments emerging from the trailer.

Therefore, Rajan has sought a mandatory injunction to remove the trailer from Netflix and any other platform and restrain the defendants from exploiting his name, image, and personality or make any reference to him.

Rajan has sought an injunction restraining the defendants from publishing the web-series and its trailers on Netflix, theatre, or on any other platform. He has also sought injunction to restrain the defendants from making any reference to him, his legal cases, and his as well as his family’s life in any work of art, interview, or communication.

Rajan has sought damages of Re. 1/- or a direction to the defendants to deposit any amount earned from the series which can be utilised for public good.

Rajan has sought destruction of all goods, articles, DVDs, CDs, prints and any other copy of the web series and its trailer as well as any copy of the script and any other materials containing the details of the series.

He has also sought an unconditional apology published in a major newspaper clarifying that the defendants used his image, personality, and reputation without any verification and consent.

The suit will be heard by vacation bench of Justise Shivkumar Dige on Friday, June 2.

Case Title – Rajendra Sadashiv Nikalje Alias Chhota Rajan v. Matchbox Shots LLP and Ors.