CBFC certificate prima facie shows "Gangubai Kathiawadi" film not defamatory, says Supreme Court
Feb 25, 2022
New Delhi [India], February 25 : The Supreme Court while dismissing a plea to stay the release of the film "Gangubai Kathiawadi" observed that the film certificate issued by the Central Board of Film Certification (CBFC) prima facie showed that the film was not defamatory.
A Bench of Justices Indira Banerjee and JK Maheshwari's observation came on Thursday after a petition was filed by the person claiming to be an adopted son of the film protagonist Gangubai Kathiawadi seeking interim relief to restrain from releasing the movie on Friday.
"The contention of the petitioner is that the story of Gangubai sought to be depicted is untrue, is vague and devoid of material particulars, " the court said.
"In any case, whether the story is true or incorrect would have to be decided by the Court upon examination of the evidence. The film certificate issued by the CBFC prima facie shows that the film is not defamatory. Prima facie, it appears that the movie is an artistic expression within the parameters of the law," the Court said.
"In the circumstances, interim relief was rightly refused to the petitioner. The appeal of the petitioner is pending in the High Court. It is open to the petitioner to agitate all issues in the pending appeal. Any observations made in the impugned order at the interlocutory stage will not affect the decision in the appeal. The impugned order does not call for interference of this court, " the Court observed.
The self-claimed adopted son of Gangubai Kathiawadi sought to restrain makers from printing, promoting, selling, assigning, etc. the novel namely "The Mafia Queens of Mumbai" on which the Bollywood film "Gangubai Kathiawadi" have been made.
The petitioner has approached Supreme Court against the order dated July 30, 2021 passed by the High Court of Judicature at Bombay. The High Court refused to grant a temporary injunction restraining the respondents from printing, promoting, selling, assigning the novel "The Mafia Queens of Mumbai" or the film "Gangubai Kathiawadi".
According to the Petitioner, in a case related to defamation, the balance of convenience is always in favour of the person defamed and the reputation of such defamed person cannot be compensated in terms of money.
Sanjay Leela Bhansali-directed and Alia Bhatt-starrer Gangubai Kathiawadi hit the theatres on Friday. The story revolves around a young woman who was forced into prostitution and how she became a prominent and celebrated figure in the Kamathipua red-light district of Mumbai.
