Big blow to Sushant Singh Rajput’s father from HC, court said- his rights end with his death

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The Delhi High Court on Tuesday dismissed a petition to ban the film ‘Nyay: The Justice’ based on the life of late Bollywood actor Sushant Singh Rajput. In this case registered in the name of Sushant’s father Krishna Kishore Singh vs Sarla A. Saraogi and others, Justice C. Hari Shankar refused to give any injunction, saying that along with Sushant Singh Rajput, all his rights have also ended. Sushant’s father KK Singh had filed a case against the makers of the film for violating the actor’s right to privacy.

In its order on Tuesday, the court said that along with personality rights, the rights of privacy and publicity (privacy and publicity rights) also ended with the death of Sushant Singh Rajput. After someone’s death, these rights cannot be inherited by his relative (father). Making this comment, the court rejected the petition of Krishna Kishore Singh, father of Sushant Singh Rajput, seeking a ban on the streaming of the film ‘Nyaay: The Justice’ on the OTT platform named ‘Lapalp Original’. The film was released in June 2021 on the OTT platform.

‘The film is made on media reports, then why was the challenge not given’

The Delhi High Court in its order held that the information shown in the film has been taken solely from reports already existing in the media and hence, it is publicly available information. So there is nothing wrong in making a film based on these reports. It cannot be said that the Defendants (Makers) had infringed any of the rights of Sushant Singh Rajput. Especially not his father’s rights at all. Now because when this information came in the media, no question was raised by his father on it, nor was it challenged then, so there does not seem to be any need to take consent from anyone to make a film based on it.

A scene from the movie ‘Nyay: The Justice’

‘Publicity rights belonged to Sushant Singh Rajput, not his father’

In his detail order, Justice Hari Shankar said, ‘Even if it is assumed that the film infringes the publicity rights of Sushant Singh Rajput or defames him, these rights are personal to the actor, and cannot be said to It is believed that after his death it was inherited by his father.

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‘What is already public, how can it be a violation of rights’

The court also noted that the film is based on information available in the public domain, which was not challenged then. This information has already become public, and this film has already been released on the Lapalap platform, till now thousands of people must have seen it. Then there is no justification for banning it. The Court further said, ‘The film cannot be said to be violative of Article 19(2) of the Constitution of India. Therefore, restraining further dissemination of the film would be violative of the rights of the defendants under Article 19(1)(a).

nyaay-the-justice-movie

A scene from the movie ‘Nyay: Justice’

Mention of ‘celebrity rights’ in court order

In the order, Justice Hari Shankar also considered the issue of ‘celebrity rights’ as claimed by Sushant Singh Rajput’s father. He said that he could not agree with the judgments of other High Courts which have recognized this concept. He said, ‘I have not come across any such judicial authority which has binding value to me.’ The bench further said that the law cannot make itself a tool to promote celebrity culture. Any individual rights are available to everyone, not just celebrities.

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The whole team of lawyers was present in the court

Lawyers Varun Singh, Akshay Dev, Yatharth Kumar, Alankriti Divedi, Parul Sharma, Atif, Himanshu Yadav, Kajal Gupta and Smriti Wadhwa were arguing on behalf of Sushant Singh Rajput’s father Krishna Kishore Singh in the court. Whereas advocates Chander M Lal, Bhushan M Ojha, Anand Mishra, Vedant Verma, Akhil Kumar and Ananya appeared on behalf of the makers of the film ‘Nyay: The Justice’ and the OTT platform.

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