In relief for SRK, Raees producers, Gujarat HC orders trial court to dispose of defamation suit by gangster Abdul Latif’s heirs

Represented by advocate Salil Thakore, Khan and others submitted that the right to sue in a suit for seeking damages for defamation does not survive in favour of the heirs of the deceased and the cause of action is personal in nature and remains alive till the plaintiff who claims to have been defamed, and does not pass on to the legal heirs of the person.

The court of Justice J C Doshi held that the trial court had committed “serious jurisdictional error” in allowing the heirs to join as party to the defamation suit. The Gujarat High Court quashed and set aside the trial court’s order and directed that the trial court also pass an order for the abatement of the civil suit as the ‘right to sue’ does not survive any longer, within three days of receipt of the Gujarat High Court order.

In April 2016, Latif’s son Mushtaq Sheikh had filed a defamation suit at the Ahmedabad city civil and sessions court following the release of the trailer for Raees, which is reportedly based on Latif’s life. Mushtaq filed the defamation suit against the film’s producers, director and production companies’ proprietors.

He had sought the Ahmedabad court’s direction to declare that the defendants’ acts were defamatory to the reputation of Mushtaq, his family and his late father Abdul Latif Abdul Wahab Sheikh. He also sought that the court pass an appropriate decree for compensation to the damages of the reputation of Mushtaq to the tune of Rs 101 crore, with running interest at 18 per cent per annum, along with a permanent injunction to restrain the defendants from releasing Raees in theatres.

It was Mushtaq’s case that “because of the promotional material, performance and promos of the film ‘Raees’, the reputation of the plaintiff, his family and also the highly preserved reputation of Late Abdul Latif Abdul Wahab Shaikh was in question”.

The film released on January 26, 2017, and eight defendants were named in the suit – Red Chillies Entertainment; Shah Rukh Khan; Gauri Khan (proprietor of Red Chillies Entertainment and wife of Shah Rukh Khan); Excel Entertainment; Ritesh Sidhwani and Farhan Akhtar (proprietors of Excel Entertainment); Rahul Dholakia Production Pvt Ltd; and Rahul Dholakia (the director of Raees).

However, Mushtaq died on July 6, 2020, and an application was filed by Mushtaq’s widow and two daughters to bring them on as plaintiffs in the defamation suit. The Ahmedabad court by an order dated April 27, 2022, permitted the legal heirs to join as plaintiffs in the suit, which now stands quashed.