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A Supreme Court bench of Justice Indira Banerjee and JK Maheshwari today dismissed plea seeking stalling of release of Ali Bhat starrer Gangubai Kathiawadi’s. The plea was filed by a person claiming to be her adopted son.

The film is slated to release in theatres on February 25, 2022.

The petitioner had filed a suit seeking injunction against Sanjay Leela Bhansali and his production company from producing, directing or airing any promo of the film which is based on a book called “Mafia Queens of Mumbai” on the ground that it contained defamatory contents. His suit was however not entertained by the trial court as well as the High Court of Bombay. He had then approached the Supreme Court by filing a Special Leave Petition. The court had yesterday suggested the makers of the movie to consider changing the title of the film.

When the matter came up for hearing today CA Sundaram, Sr. Adv. contested the claims of the petitioner and informed Court,

“Entire defamation is based on a book released in 2011 they found not necessary to challenge at that time, it was titled “Mafia Queens of Bombay.” Our film glorifies Gangubai Kathiawadi and does not defame her in any way.” 

He further submitted that, “She passed away 1980, it is a positive film. I am being laudatory. There is no comparison, films made on persons like Gandhi should be named on them. Sometimes negative side needs to be shown to show the positive side.”

Sundaram argued that there is a statue of this lady in the Kamatipura and that she is larger than life. He argued that for a person of that stature, there is no right to privacy.

He argued that first of all the court will have to ascertain whether person who has come before this court claiming to be adopted son has submitted any evidence to this effect. 

He said, “If the name has already been published, then the remedy is damages, not damages. The whole thing is every report about her speaks of her as a social activist. There was no sensibility to call her Mafia Queen.”

Mukul Rohatgi, Sr.Adv, appearing for another petitioner submitted that “ First on merits the court can note that the book is of 2011, it is not derogatory at all. In fact that character is glorified, she came in those difficult circumstance and rose. She rose there from the bottom.” He further argued that there are no documentary evidences to prove that the petitioner is an adopted son. He said “Defamation will come into place if suppose GangubaiKathiawadi was alive. The suit for defamation abates on the death of the person.”

He argued, “There are many rights involved here the producer, actor, distributor, writer. So many rights are bundled, it results in a Rs.500 ticket in a cinema hall! Today at 1 PM, to say freeze everything is a prima facie violation of law.”

The court questioned the petitioner on how he was adopted and what customs were used for the process, on his inability to answer, the court dismissed the Special Leave Petition.

 

Case title: Babuji Rawji Shah Vs Hussain Zaidi