HC hears pleas seeking quashing of summons issued to makers, actors of Jolly LLB 2

For Fox Star, senior advocate Sidharth Luthra submitted that Fox star studios is a “juristic entity” and it “cannot be prosecuted for offences” under Section 500 (defamation) and 120B (criminal conspiracy) of the IPC. He argued that Bata had failed to “disclose any loss or damage” caused to them.

“This is a case where they sought to play fraud on the court. The complaint is filed and cognizance taken on February 4, 2017. Process was issued on February 8, 2017. We are served summons on February 17, 2017, they only move that withdrawal of Section 120B in May 2017, after we move the Section 482 (CrPC before HC),” Luthra said.

“Even in the legal notice dated December 21, 2016…it says that direct result of such misrepresentation is likely to cause huge financial loss to our client in terms of loss of future profits and also loss of reputation…which is irreparable and may not be quantified in terms of money. This was the stand in legal notice and complaint however they do not establish any such thing in the complaint or the pe-summoning evidence which they have led,” he said.

Luthra further drew the court’s attention to the complaint moved by Bata which points to a specific scene in the trailer of the film where an argument takes place between Annu Kapoor and Akshay Kumar where Kapoor is depicted to recite the following dialogue “Varna kya bata ka joota pehen kar, tucchi si tericot ki shirt pehen kar, salaa hum se zabaan lada raha hai”. Luthra said that the complaint refers to an english subtitle for this scene which reads “who are you to argue with me in your cheap shoes and shabby clothes”.

On this Luthra argued that this is not something which they (Bata) are saying is defamatory by inference. “They go on to say that this is inferential…this is not one of those cases where there is defamation at all,” Luthra said.

Appearing for one of the petitioners Deepak Jacob, senior advocate N Hariharan submitted that apart from one line, in the entire complaint running into many pages there is nothing else alleged against his client, apart from the fact that accused no. 3 i.e. Jacob is one of the directors of Fox Star Studios India Pvt. Ltd (the producer of the film).

“In pre-summoning evidence, documents have been taken out from the Ministry of Corporate Affairs website wherein I have been shown as director…Offences which are being alleged are in relation to IPC…there cannot be any vicarious liability attached in this fashion that the company is an accused I happen to be working in the company so I’m an accused,” Hariharan argued.

Senior advocate Dayan Krishnan appeared for Akshay Kumar, Annu Kapoor as well as two directors of Fox Star and the script writer of the film and said that he will address arguments for his clients on the next date. The matter is next listed on May 29.

The trial court on February 8, 2017 had issued summons to Jolly LLB 2 producer Fox Star Studios India Private Limited, executive producer Naren Kumar, director Subhash Kapoor, actors Akshay Kumar and Annu Kapoor and others asking them to appear in court on February 22, 2017 in a defamation case filed by Bata shoe company.

Bata India Limited, in its complaint, had alleged that “disparaging comments and defamatory reference” was made to Bata as a brand in the main trailer of the motion picture. The footwear company had said that “the brand Bata has been deliberately shown in an extremely bad taste and the dialogue was intended to convey that Bata is adorned only by lower strata of society and one should feel humiliated if one wears Bata footwear”.

The trial court had said that a prima facie case for commission of offence punishable under sections 499 (defamation), 500 (punishment for defamation) and 120 B (criminal conspiracy) of IPC was made out, and that there are adequate grounds for proceeding against the accused.