‘Already released’: Bombay HC adjourns Chhota Rajan’s plea against Netflix series ‘Scoop’ to June 7

“The series is already released. Now it is already published. We will hear on the next date. Let reply be filed,” a vacation bench of Justice S G Dige noted.

The Netflix series, directed by Hansal Mehta, is based on the story of journalist Jigna Vora who was accused of murdering another journalist Jyotirmoy Dey aka J Dey. A senior journalist with Mid-Day, Dey was killed near his residence in Powai on July 11, 2011. The series is inspired by Vora’s memoir, ‘Behind the Bars in Byculla: My Days in Prison’.

Rajan and eight others were convicted for the murder of Dey by a special CBI court on May 2, 2018.

After the bench asked senior advocate Mihir Desai, representing Rajan, as to how it was maintainable as a commercial intellectual property rights suit and said it can be sent for mediation, Desai responded that his client has a copyright on his image, which none can use. The bench then asked the plaintiff to amend the suit accordingly.

Representing Netflix, senior advocate Ravi Kadam submitted that the plea was not maintainable. Desai responded, “Everyone’s image (in the series) and name has been changed but my client’s face is shown as one behind the murder. It is true that he is convicted but his appeal is pending. Can you show him as guilty to the whole world in this manner? There are celebrity rights as well. Celebrity does not mean a popular person. An unpopular person may also be a celebrity. Lakhs of people are going to watch it. It is going to create a lot of problems for him and it would impact my client’s appeal.”

Kadam argued that once the plaintiff was convicted and the judgment is in public domain, the makers could name him and informed that the web series is already released. Advocate Hiren Kamod representing web series maker ‘Matchbox Shots LLP’ sought time to file a reply to the plea, which the court allowed.

Desai sought direction to pull the series down and remove his client’s name from the same.
The court however was not inclined to grant immediate relief. It granted liberty to the plaintiff to amend the plea and posted further hearing to Wednesday, June 7.

In the commercial intellectual property rights suit, Rajan claimed that his wife came across the interview of the makers and after being “disturbed and affected by the repeated and widespread gossip of the said web series” and “fear of life threat” to Rajan and other family members, informed him about the same.

Rajan said that he along with others had challenged the May 2, 2018 order and had filed an appeal against the same before the high court and that his plea was admitted and is pending before the court.

He added that various direct or indirect references are made to him in the trailer of the series and the same “is leading to unauthorised infringement of the plaintiff’s reputation and name” and “invasion” of his privacy and also the “infringement of personality rights”.