Rajasthan HC dismisses Asaram Bapu's plea to stay release of Manoj Bajpayee-starrer Sirf Ek Bandaa Kaafi Hai
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Jaipur: The Rajasthan High Court on Friday dismissed an application filed by jailed self-proclaimed godman, Asaram Bapu seeking a ban on the release of the Manoj Bajpayee starrer 'Sirf Ek Banda Kaafi Hai' in theatres and Over-the-Top (OTT) platforms.
Asaram, who is currently in jail, along with one Om Prakash Lakhani had earlier sought a stay on the release of the film produced and directed by Zee5 Studio.
The plea alleged that it was based on his life without his permission and portrayed him in a negative light.
Justice Pushpendra Singh Bhati, while dismissing the stay application, observed that "after watching the trailer of the movie in question, it is revealed that nothing in the same is related to the petitioner no.2. Therefore, the petitioners have not been able to make out a prima facie so as to persuade this Court to pass any interim injunction order in regard to the movie in question", reported the Bar and Bench.
The Justice further said that relief cannot be granted now, as the film has already been released and since the petitioners did not file their case in a timely manner. Granting a stay would result in huge financial damage to the film's producers.
"The petitioners can seek compensation against damages and defamation, if there is any violation of the reputation and dignity of the petitioners, on the part of the respondents; however, this Court does not find that in the given factual matrix, any irreparable loss is being caused to the petitioners herein," the order stated.
During the hearing on Friday, counsel for the petitioner argued that the reputation of Asaram and his privacy rights have been violated by the film, as it reportedly portrays him as a villainous character named "Ravana" who committed heinous crimes.
On the other hand, counsel for the respondents pointed out that there is a clear disclaimer in the initial portion of the movie that it is a fictional work inspired by real life events which are available in the public domain.
Further, it was argued that the movie does not contain any name, photographs, family details, school, neighborhood, or any other particulars that may reveal the identity of the victim, as claimed by the petitioners. Therefore, they have not in any way violated provisions of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act, he added, reports Bar and Bench.
The Court listed the matter for hearing next in the second week of July and directed the Deputy Solicitor General appearing for the Central government to file a proper response regarding crucial issues of certification, breach of privacy, role of a lawyer in an ongoing case etc.
Advocates SP Sharma, Vipul Singhvi, Jetharam Lohiya, Lalit Kishore Sen and Yashpal Singh represented the petitioners.
Deputy SG Mukesh Rajpurohit and Advocates Uttam Singh Rajpurohit, RDSS Kharlia, Harish Kumar Purohit and CS Kotwani represented the respondents. Advocates Ramandeep Singh, Sidhu Kharlia appeared for Vinod Bhanushali, Bhanushali Studios.
