Gujarat High Court Sets Aside Inclusion Of Abdul Latif's Heirs In Rs 101 Crore Defamation Case Against Shah Rukh Khan, 'Raees' Producers

The Gujarat High Court on Wednesday set aside a lower court order that had allowed the heirs of gangster Abdul Latif to be included as plaintiffs in an eight-year-old defamation suit against Bollywood actor Shah Rukh Khan and the producers of the Hindi movie "Raees."

The film, released in January 2017, features a character said to be based on Abdul Latif.

The defamation suit was originally filed in 2016 by Latif's son, Mustak Abdul Latif Shaikh, who sought damages of Rs 101 crore with 18% interest from the date of instituting the suit, alleging that the movie tarnished his father's reputation.

Mustak passed away on July 6, 2020. Subsequently, Mustak's widow and two daughters filed an application on April 27, 2022, to be included as plaintiffs in the defamation suit. This application was allowed by the city civil court, a decision which was later challenged by Shah Rukh Khan and others in the High Court.

The lower court had brushed aside the objections raised by Shah Rukh Khan, his wife Gauri Khan, Red Chillies Entertainment Private Limited, Excel Entertainment Private Limited, Farhan Javed Akhtar, and Rahul Dholakia, who argued that the defamation suit could not survive after the complainant's death.

Advocate Salil Thakur, representing the petitioners in the Civil Application filed in the High Court, referred to Section 306 of the Indian Succession Act, arguing that the right to sue for defamation does not pass to the heirs of the deceased. He further submitted that defamation is a personal action that dies with the person, citing the legal maxim "Actio personalis moritur cum persona."

Justice JC Doshi, presiding over the case explained the maxim means “a personal action dies with the person.”

In its final order the Court said, “The cause of action said by the late plaintiff Mushtaq Ahmed Abdul Lateef dies on his death. It is not a cause of action which could be inherited by his heirs… In the present case as discussed herein the right to sue does not survive for the heirs of the deceased.”

The High Court directed the trial court to amend the suit within three days in accordance with its order.

Case details: Red Chillies Entertainment Private Limited & Ors. V/S Late Mustak Ahmed Abdul Latif Sheikh & Ors.

LL Citation: 2024 LiveLaw (Guj) 87