'Shashank' movie not based on Sushant Singh Rajput, says maker in HC's response
Apr 23, 2021
New Delhi [India], April 23 : In response sought by Delhi High Court against a plea seeking ban on film "Shashank" which is allegedly based on the life of late actor Sushant Singh Rajput, the makers of the movie said that the movie is based on four persons who struggle and fight against nepotism so there is no comparison between SSR and the movie.
Sanoj Mishra, Director of the movie in its reply to Delhi High Court stated that "Shashank" is totally based on portraying struggle of outsider in Bollywood. The theme and story based on four young boys.
Director also said that he himself is also example of struggle as an outsider of Mumbai in Bollywood. It is also a matter of fact that plaintiff's (Krishan Kishore Rajput, Father of late Sushant Singh Rajput) son is not the only person in entire Bollywood since the starting of film industry, who struggle in Mumbai Film Industry. Many more films have been made by the industry on the topics of internal life of artists here, which have been appreciated by the general public.
The response of Director has been filed through Advocate Dr AP Singh in the Delhi High Court.
The High Court has recently issued notice on a petition filed by actor Sushant Singh Rajput's father seeking a ban on the release of any movie on his life.
Sushant Singh Rajput's father Krishan Kishore Singh has recently approached Delhi High Court on the basis of a news articles and publications regarding movies and other ventures depicting his personal life, name/ images/caricature/lifestyle/likeness in form of biopic or story, plea stated.
Justice Manoj Kumar Ohri had sought a response from respondents/Makers of the movie while slated the matter on May 25.
Senior Advocate Vikas Singh appeared for SSRs father stated that any such publication, production, or depiction of the private life of the late actor is a blatant and willful breach of the right to a fair trial guaranteed under Article 21 of the Constitution of India, personality rights and the common law tort of passing off in misappropriating well-known personality without consent for commercial gains.
The petition had stated that the plaintiff (SSR's Father) and his deceased has the right of privacy or a right to be alone under Article 21 of the Constitution of India. They have the right to safeguard their privacy, their families' privacy and deceased persons in the family. None can publish anything whether truthful or otherwise or whether laudatory or critical about the life of Sushant Singh Rajput without the consent of Plaintiff.
It is not possible to depict or portray the life of Sushant Singh Rajput without depicting or portraying the life of his family members including his near relatives and the Plaintiff.
Petition also stated that the plaintiff (SSR's father) was apprised that different ventures are making movies, series or forming associations to misappropriate the personality his son. These ventures are designed to malign the image of the son of the plaintiff and his family members, further, to derail the present investigation in the CBI case registered against the accused persons is a violation of Article 21 of the Indian Constitution.
The Defendants are also trying to misappropriate the well know personality right of Sushant Singh and to manipulate the public perception in order to make commercial gains out of it, which shall not be allowed as same will cause grave prejudice and irreparable injury to Plaintiff and his family members.
Plea mentions that the plaintiff apprehended that distorted version of his son's life will be presented to the public, without his consent, which would be defamatory in nature and would be deceptive to the public at large to make them believe that these ventures are backed by plaintiff or his family.
The father of SSR also apprehended that his and privacy of his son would be infringed by such public deception.
The petition also seeks order and decree of permanent injunction restraining the Defendants by themselves, their directors, principal officers, successors-in-business, assigns, servants, agents, distributors, advertiser or anyone other than the Defendants from using plaintiff son's name/caricature/lifestyle or likeness in their forthcoming project/ films in any manner whatsoever amounting to infiltration of personality rights by such unauthorized use.