Delhi HC February 2024 Sushant Singh Rajput’s father pleas against refusal to appear in film depicting late actor’s life | Posted in February 2024 Hindi Movie News
department bench Justice Yashwant Varma Mr. Ravinder Dudeja then allowed all parties to file their responses within the petition period.
In August, a division bench of Justices Varma and Dharmesh Sharma had issued a notification that read: Krishna Kishore Singh’s Appeal Against the orders of Justice C. Hari Shankar against several persons.
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Justice Shankar ordered an injunction against the film being aired on OTT platform Raparapup Originals on the grounds that Rajput’s right to personality, privacy and publicity ceases with his death and cannot be inherited by his father. refused to pass.
Furthermore, the court found that the content of the film was based on reported and broadcast news and therefore constituted publicly available information.
“Therefore, in producing a film based on this, the defendant cannot be said to have infringed the rights of SSR, much less the rights of the plaintiff. Especially when the information in question was made public, there were no doubts. Because no objections were raised.”The media, one way or the other. SSR or by the plaintiff. Nor was the defendant required to obtain the plaintiff’s consent before making the film,” Justice Shankar held.
The judge said that even if the film were to infringe on Rajput’s publicity rights or constitute defamation, the rights violated were personal to Rajput and could not be said to have been inherited from his father. .
“Furthermore, since the film is based on information in the public domain and was not challenged or challenged at the time of its initial distribution, an injunction cannot be sought for such a long period of time, especially if it has already been released.” “It must have been witnessed by thousands of people who visited the Raparap platform some time ago and by now,” the court said.
It concluded that an order to stop streaming the film, which was released in June 2021, could not be passed, especially for a film that had already been released and would have been seen by thousands of people.
“It cannot be said that the film is in violation of Article 19(2) of the Constitution of India. Therefore, injunction against further distribution of the film would violate the rights of the defendant under Article 19(1)(a) ” the court said. .
(Tag translation) Yashwant Varma