Mumbai court refuses to restrain release of SonyLIV web series Scam 2003, on Abdul Karim Telgi

A Mumbai court on Friday rejected a plea seeking temporary injunction on the release of Hansal Mehta’s Scam 2003: The curious case of Abdul Karim Lala Telgi, a web series which will air on SonyLiv..The order was passed by City Civil Judge RK Kshirsagar on an application moved by Telgi’s daughter and son-in-law seeking an injunction against the release of the series..The application filed through Advocate MV Thorat was moved before the court today. Thorat stated that Mehta and the producers had not obtained the consent of Telgi's daughter, son-in-law or any other kin before making a series on him.Thorat argued that the web series was in violation of the family’s right to privacy, self-respect and dignity.He alleged that even if the series was based on a book written by a journalist, the book also had factual discrepancies which may be highlighted on screen.“The portrayal of the character about her father which is based on the novel is false, baseless, derogatory, offensive, unpleasant, highly defamatory and made with the sole intention to defame the daughter, her family and deceased father, and because of that they shall suffer irreparable loss to their reputation,” Thorat argued.The final relief in the suit was an order of perpetual injunction against the makers of the series - director Hansal Mehta and producers Applause Entertainment - from streaming or airing the series on SonyLiv or any other channel or online streaming platform.Thorat sought for an urgent temporary injunction till the suit is finally heard..Advocate Rashmin Khandekar, appearing for SonyLiv, vehemently opposed grant of any relief before being given an opportunity to place on affidavit their version of the story.He stated that since the series was still at the production stage, in any case, it was not going to be released in December, which the daughter apprehended.He apprised the Court that the book based on which the series was supposedly adapted, had been published in 2004. He added that there was a lot of material in the public domain on the Telgi scam, which the makers of Scam 2003 had referred to during the making of the series.Khandekar also placed on record orders of the Supreme Court which held that restraining orders could not be passed against release of content based public domain. He pointed out that Sony had been served with the suit only last evening, hence some time was required to reply to the plea..Advocate Vaibhav Bhure, appearing for Applause Entertainment and Hansal Mehta, pleaded that in a defamation suit, it was pertinent that the cause of action point to something causing defamation. “Defamation is a private right. It cannot be preemptive in nature. Unless there is publication, it cannot be defamation. The suit cannot be based on conjectures and mere apprehension. Today this prayer is premature and deserves to be rejected,” he contended..After a brief hearing, the court reserved the matter for orders on the application for urgent relief..Telgi was prime accused in a case involving production and distribution of counterfeit stamp papers in the market. He was arrested on November 22, 2001, at Bengaluru, after being booked in 48 cases in 11 states, including the most high profile case of Pune, where police recovered stamp paper worth ₹500 crore. CBI later clubbed all the cases under stringent Maharashtra Control of Organised Crime Act (MCOCA).Telgi had been sentenced to serve a 30-year term of imprisonment.However, he had a multiple organ failure and passed away in October 2017 while serving his term. .Khandekar was briefed by team from Krishnamurthy & Co. (K Law) including partner Ayush Agarwala and associate Shantam Mandhyan.Bhure appeared with Advocates Hemangi Abhyankar, Narayani Choudhary, Ruddhi Bhalekar briefed by ANM Global.