The Bombay Supreme Court refused to suspend Gangubai Kathiawadi’s release. The court also granted a suspension of criminal defamation proceedings against the movie’s makers.
Alia Bhatt stars in Gangubai Kathiawadi.
The Bombay Supreme Court has granted a suspension of criminal defamation proceedings against the makers of the film Gangubai Kathiawadi and actress Alia Bhatt, who stars in the film. At the same time, the court also refused to suspend the film’s release.
Babu Ravji Shah, the alleged adopted son of Gangubai, had filed a series of lawsuits against the makers and author of the book Mafia Queens of Mumbai, which inspired the film. Shah says the book, written in 2011, and the film defame his mother’s reputation.
W.What is the defamation case about?
Shah had initially filed a defamation lawsuit in the Sessions Court in Mumbai, which dismissed his claim in February 2021. He appealed the Session Court Order to the Bombay High Court. As a restraining measure, Shah had postponed the court for a suspension of the film’s release.
Attorney Mayur Khandeparkar, who appears for the producers, defied such an appeal, claiming that “the lawsuit cannot be sustained at the behest of a legal heir of a person allegedly defamed” and was rightly denied by the court. Shah has also not shown any violation of law caused by such alleged defamation, he added.
Judge Nitin Sambre noted that consideration must be given to the Tort Act, which states that “an act involving the person in a trial of defamation dies”. “The content of a defamatory nature against the applicant’s so-called adoptive mother dies with her death,” said Judge Sambre.
The court also found that Shah had failed to demonstrate that he was Kathiawadi’s adopted son and denied the interim motion.
Judge Sambre, after hearing both sides’ allegations, ruled, “In the case of a defamation claim, a person may bring an action in court for alleging defamation. Just because the applicant (Shah) claims to be the son of such a person cannot at first glance be inferred that he has the legal right to indulge. “With that, the court said that” the injunction requested is not may be given and prayers as such may be refused ”.
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