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Rajasthan High Court Refuses To Stay Release Of Film ‘Sirf Ek Banda Kaafi Hai’ Allegedly Made On Life Of Asaram Bapu
Aiman J. Chishti
27 May 2023 2:30 PM IST
The Rajasthan High Court has refused an interim application seeking stay on the release of film 'Sirf Ek Banda Kaafi Hai', allegedly based on the life of Asaram Bapu.The bench of Justice Dr.Pushpendra Singh Bhati said, “there is nothing directly found related to the petitioner no.2( Asaram Bapu), which could persuade this Court to grant the relief prayed for in the stay application filed by...
The Rajasthan High Court has refused an interim application seeking stay on the release of film 'Sirf Ek Banda Kaafi Hai', allegedly based on the life of Asaram Bapu.
The bench of Justice Dr.Pushpendra Singh Bhati said, “there is nothing directly found related to the petitioner no.2( Asaram Bapu), which could persuade this Court to grant the relief prayed for in the stay application filed by the petitioners.”
The Court however said dismissal of the stay application will not preclude either of the parties to raise their legal issues at the time of final disposal of the writ petition, on merits.
The plea has been moved by Asaram Bapu, who is currently in jail in a rape case, and Om Prakash Lakhani, a trustee of Sant Shri Asaram Ji Ashram Charitable Trust. The plea alleges that the movie has been made on the life of Asaram Bapu without his permission and depicts him in a negative character.
Actor Manoj Vajpayee is playing the lead role in the film, which is directed by Apoorv Singh Karki and produced by Zee5 Studio and others.
According to the petition, Asaram's reputation and privacy rights have been violated by the film, which allegedly portrays him as a villainous character named "Ravana" who has committed heinous crimes.
While deciding the interim injunction application the Court said it has to be firstly seen as to “whether any prime facie case is made out by the petitioner to seek any interim injunction” in regard to the movie in question.
The trailer of the movie in question was aired on May 5 and bench said “nothing in the same is related to Asaram”.
Considering that the movie in question has already been released on OTT Platform on May 23, the Court said at this juncture, “if any interim order, as prayed by the petitioners herein, is passed against the movie in question, the same would result into unwarranted and huge financial loss to the respondent-producer of the film”.
Justice Pushpendra added that petitioners may later seek compensation against damages and defamation, if there is any violation of their reputation and dignity.
The Court directed to list the writ petition in the second week of July, 2023 for further consideration.
Case Title: Shri Om Prakash Lakhyani Trustee & Ors. V. Union Of India & ors.