Chhota Rajan moves Bombay High Court against Netflix series Scoop seeking ₹1 as damages for personality rights infringement

Rajan, who is presently lodged in Tihar jail, filed the suit alleging that in the trailer of the series, the makers have made reference to Rajan by using his name, image and purported voice.
scoop
scoop

Gangster Chhota Rajan has moved Bombay High Court against producers and makers of the Netflix series 'Scoop' alleging infringement of personality rights and seeking ₹1 as damages.

The suit is likely to be heard by a vacation court judge Justice SG Dige tomorrow.

Rajan, who is presently lodged in Tihar jail, filed the suit alleging that in the trailer of the series, the makers have made reference to Rajan by using his name, image, purported voice and other unrelated names associated with Rajan.

The series revolve around the death of a well-known crime reporter Jyotirmoy Dey who was shot dead on June 11, 2011.

In the FIR, Rajan along with 11 other accused were booked and Rajan was convicted in the case.

One of the accused, a journalist, Jigna Vora, was acquitted in the case and the series is allegedly inspired by her memoir about the case.

Rajan submitted that the trailer was released across all medium and allegedly portrayed him to be the main conspirator in the killing of Dey.

He argued that an appeal against the conviction was pending in the Bombay High Court, and hence the trial court's conviction could not be used against him.

"The order of conviction cannot be used against Rajan in any defamatory manner or otherwise tarnish or malign his name and reputation merely with the sole intention to gain profits, by any third person, especially in absence of his consent," the suit underscored.

Rajan had sent a legal notice to Netflix and the producers to stop the release of the series.

However, Netflix replied refusing to back down from the release of the series prompting him to approach the High Court.

In his suit, Rajan alleged unauthorised use of his name, image or reference only to create sensation amongst the public and then obtain profits.

Rajan has prayed for the following reliefs:

  • Permanently remove the trailer of the web series from all portals, entertainment and social media platforms;

  • Perpetually restrain defendants from directly or indirectly exploiting Rajan's name, image of personality, and infringing his personality rights;

  • Restrain release of the series or its trailer online or in theatres;

  • Restraining order against defendants from making any reference about Rajan in interviews or any other mode of public communication;

  • Pay damages to the tune of ₹1 or show the true accounts of the amounts generated by the series.

In November last year, the Delhi High Court had passed an interim order restraining persons at large from infringing the personality and publicity rights of veteran Bollywood actor Amitabh Bachchan 

Bar and Bench - Indian Legal news
www.barandbench.com