The Delhi High Court on Thursday refused to stay the release of upcoming film Nyay: The Justice, which is based on the death of Bollywood actor Sushant Singh Rajput and is scheduled to be released on June 11. (Krishna Kishore Singh vs Sarla A Saraogi).
The producers of Nyay, as well as other films that are purportedly based on or are inspired from the life of Rajput, have nonetheless been directed to maintain and render the true accounts of the revenue earned from the film by way of sale/licensing of all rights relating to the film.
The interim order was pronounced by a Bench of Justice Sanjeev Narula in a plea filed by the father of Sushant Singh Rajput against movies and other ventures depicting the late Bollywood actor's personal life, name, images, caricature, lifestyle, likeness in the form of a biopic or story.
The Court opined that when the events that form the subject matter of the film are in the public sphere, there was no justification to restrain publication of work that only drew inspiration from such events.
The Court added that in view of specific disclaimer by the film makers, there was prima facie nothing to believe that the film would lead the public to believe that it was a true story or a biopic that has been authorised or endorsed by the late actor's father.
Krishna Kishore Singh, the father of Sushant Singh Rajput, had moved the High Court earlier this year claiming that many people were taking advantage of his son's death.
He argued that the Bollywood actor's death was being seen as an "opportunity to get fame by developing different theories/stories", at the cost of his and his family’s reputation.
After learning about movies based on the late actor, like “Nyay: The Justice”, "Suicide or Murder: A star was lost", and “Shashank”, Sushant's father apprehended that various plays, movies, web series, books, interviews or other material might be published which would harm the reputation of Sushant Singh Rajput and his family.
It was asserted that in the absence of permission, any publication, production, or depiction of the private life of Sushant Singh Rajput was a blatant and wilful breach of fundamental right to privacy which cannot be taken away without the prior approval of his legal heir.
It was further urged that the "personality right of celebrity" should be acknowledged at par with an intellectual property right.
Makers of Nayay argued that the said film was not a biopic and not portray the name, image, caricature, photographs etc., of the late actor.
The film was only inspired by true events surrounding the lives of film or TV celebrities including Sushant Singh Rajput who purportedly passed away due to unnatural causes, details of which are widely available in the public domain, it was stated.
Senior Advocate Vikas Singh appeared for the plaintiff. The suit was filed through Advocates Varun Singh, Akshay Dev, Abhijeet Pandey, Samruddhi Bendbhar of SKV Law Offices.
Senior Advocate Chander Lall and Advocate Hiren Kamod appeared for the Director and Producers of the film.
Read the order: