Release of Prithviraj starrer 'Kaduva' stayed by Kerala court

A Kerala court has stayed the release of Prithviraj-starrer Malayalam movie "Kaduva" based on a suit filed by one Jose Kuruvinakkunnel (plaintiff) alleging that the movie based on his life, has portrayed him wrongfully as a villain and goonda [Jose Kuruvinakkunnel @ Kuruvinakkunnel Kuruvachan v. Jinu Varghese Abraham].The Second Additional Sub Judge of Ernakulam passed the stay order and issued notice to the defendants including director Shaji Kailas, writer Jinu V Abraham and producer Supriya Menon under the banner Prithviraj Productions and distributor Listin Stephen under the banner Magic Frames.The judge opined that a prima facie case was made that if the film is screened, it would cause irreparable injury to the plaintiff. He, therefore, temporarily stayed the release of the movie, its teasers and trailers, on all platforms - OTT and theatres."If the impugned cinema is telecast or screened even for a moment the same will case irreparable injury and hardships to the petitioner. Therefore, it is just and proper to grand an Ad Interim Injunction in favour of the petitioner. Resultantly an Ad Interim Injunction is granted restraining the respondents, their men and agents from publishing the screenplay Kaduvakkunnel Kuruvachan and releasing the movie Kaduva in full or in parts or its trailer, teasers or songs, or by changing its name, in theatres or any other media or OTT platform or social media pages etc, in audio or video form until further orders".The Court issued the order in a suit moved by one Jose Kuruvinakkunnel also known as Kuruvinakkunnel Kuruvachan who claims to be a well known planter and businessman from a prominent family in Pala called Kuruvinakkunnel. The protagonist in the screenplay ‘Kaduvakunnel Kuruvachan’ and central character of the movie ‘Kaduva’, according to the plaintiff, are based on him and his life. .The plaintiff had a long-standing and notorious dispute with IPS Officer Joseph Thomas, which started with a seemingly innocuous donation of a musical instrument to the parish church. The same was covered extensively by various newspapers and magazines back then..From advertisements of the movie and personal enquiries made by the plaintiff, he came to know that the protagonist in the screenplay , Kaduvakkunnel Kuruvachan, was to be played by actor Prithviraj Sukumaran, in the movie that is based on the plaintiff's life.He also found out that central character of the movie is depicted as a person who takes law into his own hands to settle score with his opponents and as someone that is more a villain than a hero. "In substance, ‘Kaduvakunnel Kuruvachan’ is depicted a person having the character of a local goonda who picks up fights on the streets and in public places," the suit said.It is alleged in the suit that the movie and its script contain dramatisation of incidents that are eerily identical to those from the plaintiff's life and as such anyone watching the film would be able to easily identify that the central character was portraying him..The suit, filed through Advocate Reji George, stated,"The Defendants created the central character ‘Kaduvakunnel Kuruvachan’ while knowing fully well and having every reason to believe that such a movie character would harm the reputation of the Plaintiff in the estimation of persons known to him", the suit said.The plaintiff vehemently claimed that he never had any criminal connections, or took part in any criminal activities or had any criminal cases registered against him. However, the character in the movie is depicted otherwise.Hence, it was contended that the plaintiff would be defamed and his reputation would be seriously injured if the movie and screenplay are allowed to be published. Moreover, it was claimed that it would damage the reputation and dignity of his wife and family..Further, it was stated that the creators of the movie are well-aware that the depiction of the plaintiff as a person who takes law into his own hands to settle a score with his opponents is inaccurate. However, the defendants recklessly disregarded the truth known to them and proceeded with the libellous and malicious movie and screenplay, it was alleged.He therefore sought an order of injunction restraining the defendants from publishing the screenplay and releasing the movie Kaduva..[Read Order]