Delhi HC: Notice Issued On Plea To Put A Stay On Movie ‘Nyay: The Justice’

Background

• ‘Nyay: The Justice’ was produced by Sarla A Saraogi and Rahul Sharma and directed by Dilip Gulati. The movie has been outlined by Sarla’s husband, Ashok Saraogi.
• The Movie was released on an OTT platform ‘Lapalap’ on June 11, 2021.
• The movie was inspired by the life of the late actor Sushant Singh Rajput.
• The father of the late actor, Krishna Kishore Singh, had moved to the Court seeking an injunction on any and all movies planned, in process, or to be made in the future from using his son’s name, caricature, or likelihood. In September 2020, the counsel for SSRs father had made a statement that no movies, books, or series based on the life of Sushant Singh Rajput should be made without the prior consent of the family.
• He claimed that such movies affect his right to privacy as SSRs father and right to a fair trial in view of the number of ongoing cases on the cause of his death.
• The Respondent Producer and Director in this case made a self-proclaimed tribute movie as a tribute to SSR without approaching the family.

Submissions of the Appellant

• The Appellant father claimed that the movie affected his right to privacy and that as the sole legal heir of his son, he owns the celebrity rights belonging to his son.
• Mr. Singh stated that the Respondents were trying to exploit the media frenzy and public curiosity surrounding Sushant’s life and his death for commercial gain.
• He claimed that despite making a statement regarding obtaining the consent of the family before making a movie/book/series, the Respondents did not do so.
• The late actor’s father claimed that this violated ‘celebrity rights’ and ‘right to publicity’ which belonged to his son; which he had inherited as his sole legal heir.
• He argued that the public cannot be permitted to make a windfall gain through commercially exploiting the persona of the dead.

Court’s Order

• The Division Bench of Hon’ble Justices Anup Jairam Bhambhani and Jasmeet Singh has sought a response from the Respondents regarding the matter and have listed the case for further hearing on July 14, 2021.
• The Hon’ble Delhi High Court has issued a notice to out a stay on the movie based on the appeal preferred by Mr. Singh against the order which refused to restrain the producers from using the name, caricature, and likelihood of the late actor Sushant Singh Rajput in the movie ‘Nyay: The Justice’.

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