The release of movie Gangubai Kathiawadi starring Alia Bhat in lead and directed by Sanjay Leela Bhansali, has finally got a green flag from the Supreme Court.
Amid several petitions challenging the contents of the movie and asking for a stay on its release, the movie has been allowed for a timely release by the Apex Court.
The petition for stay has been denied by the Bench of Justice Indirae Banerje and Justice JK Maheshwari.
The Apex Court has dismissed the Special Leave petition filed by Mr Babuji Shah, who had sought a stay on the release by highlighting how the narrative of the movie was defaming and would malign the image of his adoptive mother.
In the hearing yesterday, the Court had directed if the makers could change the title of the movie and had asked to wait as directions be given to the lawyers for today’s (24TH February’2022) hearing.
In today’s hearing Senior Advocate C Aryama Sundaram, for director Sanjay Leela Bhansali, denied changing the Title and supported his stance by the following arguments.
Tthat there are absolutely no prima face evidence to believe that petitioner is the adopted son of Gangubai. He has not been able to conclusively prove the same in this regard, said the senior counsel.
There actually exists no cause of action after the death of the person and no heirs are allowed to thereupon pursue it.
The film is not intended to malign but rather exemplify the greatness with which the lady Gangubai had lived her life. The movie is based on the book ‘The Mafia Queens of Bombay’ published in 2011, which has not been challenged till now.
The film has duely been approved by the Central Board of Film Certification (CBFC).
The movie has already been advertised long enough with the same title that an injunction would lead to the makers bearing massive losses.
The High courts have also dismissed other petitions that sough a stay on the release of the movie citing alleged defamation upon the entire neighborhood and residents of Kamatipura.
“If someone is going to make a film on MS Subbulakshmi, are we going to hide the fact that she was a devadasi", Counsel Sundaram submitted, highlighting that “truth is a defence in defamation”. He emphasised on how the release of the movie ‘Bandid queens’ which was based on the life of Phoolan Devi was allowed to be released and challenge was dismissed
Senior Advocate Mukul Rohatgi was in presence for Bhansali productions and stated that the movie is just a day away from its release date and therefore tickets have been sold out. The third party rights for satellite broadcasts have also been created.
Senior Counsel Rohatgi highlighted that any cause of action will not survive upon the legal heirs upon the death of the person as per Section 306 of The Succession Act.
In the absence of any prima facie reason to believe that the Petitioner was related to Gangubai as an adopted son, and the other reasons that followed, The Bench dismissed the plea of the petitioner and the movie is set for its due release.
