Mumbai: A day after jailed gangster Rajendra Nikhalje alias Chhota Rajan approached the Bombay High Court, seeking a stay on the release of the web series 'Scoop', the court said that there is no urgency in hearing the suit and adjourned the matter to June 7. On Thursday, The FPJ had reported about Rajan taking the legal recourse.
The series is based on the 2011 killing of journalist Jyotirmoy Dey. In May 2018, Rajan and eight others were convicted in the case.
Lawyer argues only Rajan's real face and name used in the series
Vacation judge Justice SG Dige on Friday noted that there is no urgency in hearing the matter since the series has already been released. The court also said that the makers of the show have to be granted time to respond to the plea. It also asked Rajan to amend his suit to show how it's a matter of intellectual property rights, while pondering over the series' position if Rajan gets acquittal in the case.
Averring that the “use or misuse of the attributes of his personality (in the series)” without his prior consent amounted to infringement of his “personality rights” as well as defamation. Senior Advocate Mihir Desai, appearing for Rajan, told the court that out of all the other persons depicted in the series, only Rajan's real face and name have been used in the series. “I am shown as the one behind the murder. I am admitting I am convicted. My appeal is pending. Should I be portrayed like this in front of the whole world?” Desai argued.
He further contended that it involved celebrity rights as well, since a celebrity means a person famous, even in another manner. “Can you show me as guilty to the whole world in this manner? There are celebrity rights as well. A celebrity is not just a Bollywood celebrity, it can also be a person famous in another manner. Lakhs of people will be watching it. It would affect my appeal,” he added.
Netflix’s counsel Ravi Kadam contended that once a person is convicted and the judgment is publicly available, they can name Rajan. To this, the court asked what would be the position if Rajan is acquitted on appeal.
J. Dey Murder Case
The HC kept the suit for hearing on June 7. Jyotirmoy Dey was killed on June 11, 2011. Rajan and 11 others, including journalist Jigna Vora, were accused in the case. In May 2018, Rajan and eight others were convicted in the case. Vora was acquitted. A six-episode Netflix series, Scoop, is inspired by Vora's 2019 jail memoir “Behind Bars in Byculla: My Days in Prison'”.
