Bombay High Court Directs Removal Of Pirated Links Of "Janhit Mein Jaari" Film Produced By Bhanushali Studios

Justice Riyaz Chagla granted ad-interim relief against unknown parties last week for removing unauthorised online links and pirated copies of the film online.

The film starring actor Nushratt Bharuccha traces the journey of a woman on a mission to sell condoms in a small town in Madhya Pradesh amidst the social taboos around sex.

Counsel Megha Chandra Bagchi along with Advocate Mahalakshmi Ganapathy and Savani Vaze of Lex Chambers appeared for the producers.

Bagchi submitted that the film had released worldwide and in India on June 10, 2022. In India it has released on approximately 600 screens.

She argued that links of the movie were available on chat group of the "Telegram" App. Bagchi said the plaintiff learnt of this on June 11 and immediately approached the BKC police. Subsequently the producers noticed that the links on Telegram had become inactive.

The plaintiffs further contended "revenue loss in the theaters" due to such piracy of the film. Having the movie freely available online would also affect any prospective deal with an OTT platform, they added.

Justice Chagla agreed with the petitioners and not only granted ad-interim relief of mandatory injunction, the court also directed the police to render necessary assistance to avoid further copyright infringement.

"In my prima facie view, a case has been made out by the Applicants that the Defendant No. 2 (an unknown entity) and who have been proceeded against in John Doe action are... directly infringing the copyright held by the producers/Plaintiffs in the film as these unknown Defendants appear to have no licence and/or authority to make available a copy of the film to the public," Justice Chagla observed.

During the hearing, Telegram Messenger LLP, said it had blocked all links to the movie available in chartrooms of its App and will continue to block such content.

The court then ordered Telegram to be removed as a party in the present suit and posted the matter for compliance on June 2022.

Case Title: Bhanushali Studios Ltd. & Ors  Versus Telegram Messenger LLP & Anr.

Citation: 2022 LiveLaw (Bom) 223