PremiumGangubai Kathiawadi: Supreme Court dismisses plea seeking stay on release of Alia Bhatt's film
A Sundaram, representing the filmmakers, told the Supreme Court bench that Gangubai Kathiawadi did not defame the real-life figure, but "glorifies the lady as to what she has accomplished."
Last Updated: 12.27 PM, Feb 25, 2022
A day before Gangubai Kathiawadi made its way to theatres, the Supreme Court dismissed a plea seeking a stay on the film's release.
According to PTI, a bench of Justices Indira Banerjee and J K Maheswari dismissed a plea filed by Babuji Rawji Shah, who claims to be Gangubai's adopted son. He had earlier moved the Bombay High Court and sought interim relief on the film's release, which was also dismissed.
Senior advocate A Sundaram, representing the filmmakers, said that the title of the film could not be changed, as it will require the makers to go through the Central Board of Film Certification (CBFC) again. He added that while Shah claimed to be Gangubai's adopted son, "there's no prima facie evidence. He is a third party and he has only shown a ration card to prove his claim. Not even a whisper of proof of the same apart from ration card."
He also said that Gangubai Kathiawadi did not defame the real-life figure, but "glorifies the lady as to what she has accomplished." Sundaram said that there are judgements where a person's right to defamation goes away after their passing.
"What if there are sensibilities in the family?" asked the bench. To this, Sundaram asserted that the plaintiff was not Gangubai's family.
Senior advocate Mukul Rohtagi, who was also appearing on behalf of the filmmakers, said that the film is not derogatory, and shows how she rose from her background to become an activist. He said that the CBFC has given a certificate and it is set to release, so "it's out of our hands actually."
However, the petitioner's lawyer Rakesh Singh, argued that defamation can affect the deceased person's family.
"They say the movie is in the book and if the book is defamatory then the movie is defamatory...the book says that she was having an affair and then she was pushed into a brothel in Kamathipura. The promo also depicts this...dialogue in the movie is also defamatory to the victim," he said.
The bench then said that a strong prima facie case on locus standi and the merits of the case will have to be established.
Gangubai Kathiawadi is directed by Sanjay Leela Bhansali and also stars Seema Pahwa and Shantanu Maheshwari.