Claiming To Be Adopted Son Of Gangubai Kathiawadi, Man Seeks Stay Of Film; Bombay High Court Refuses
The contents of defamatory nature against so called adoptive mother of the Appellant dies with her death, High Court said.
The Bombay High Court has refused to stay the release of Sanjay Leela Bhansali's Gangubai Kathiawadi, rejecting an application by Kathiawadi's 'kin' for a temporary injunction against the makers of the film. Babuji Shah alleged that the contents of the book 'The Mafia Queens of Mumbai' on which the movie is based are defamatory and constitute an infringement on his right...
The Bombay High Court has refused to stay the release of Sanjay Leela Bhansali's Gangubai Kathiawadi, rejecting an application by Kathiawadi's 'kin' for a temporary injunction against the makers of the film.
Babuji Shah alleged that the contents of the book 'The Mafia Queens of Mumbai' on which the movie is based are defamatory and constitute an infringement on his right to privacy, self-respect and liberty.
Shah claimed that his "mother" was portrayed as a prostitute, brothel keeper and mafia queen in the film and the book.
Refusing him relief, Justice Nitin Sambre observed that according to the principle of tort, an action for defamation dies with the person. "The contents of defamatory nature against the so-called adoptive mother of the appellant (Shah) dies with her death," he said.
That apart, the court held that Shah was unable to prima facie demonstrate that he was the son of deceased Gangubai. Neither has Shah sought to be declared as the adoptive son and hence suffered some injury, the court held.
"In a case of a claim for defamation, action can be brought by a person in the court of law provided he claimed to be defamed. Merely because the Appellant is claiming to be the son of such person cannot be prima facie inferred to have the legal right to show indulgence," the bench observed.
Shah approached the HC after a City Civil Court rejected his plaint under Order VII, Rule 11(d) of the Code of Civil Procedure against Bhansali Productions Pvt Ltd, Sanjay Leela Bhansali, Ali Bhatt and the authors of the book Mafia Queens of Mumbai, Husain Zaidi and Jane Borges.
Advocate Narendra Dubey for Shah argued that he is Gangubai's son based on ration card entries. He said the adoption was before the Hindu adoptions and Maintenance Act, 1956. He contended that the chapter of the novel allegedly based on his mother's life is defamatory and pressed his prayer for a grant of a temporary injunction, thereby restraining the defendants from releasing the movie Gangubai Kathiawadi.
The respondents urged the court that Shah's suit is not maintainable and was rightly rejected. They further argued that an injunction was not granted during the pendency of the case, therefore, no relief should be granted even at this stage. They further claimed that Shah suffered no legal injury, particularly in the light of the absence of legal rights.
Case Title: [Babuji Shah vs Hussain Zaidi and othrs]
Appearances:
Petitioner: Babuji Shah – Advocate Narendra Dubey
Respondents: Authors – Advocates Madhu Gadodia and Sujoy Mukherji i/b Naik, Naik & Co
Respondents: Filmmakers & Ali Bhatt – Advocates Mayur Khandeparkar a/w Parag Khandhar & Prachi Garg, i/by DSK Legal briefed by Rajesh Kumar, legal head of Bhasali Productions.
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