The Delhi High Court on Friday asked the filmmakers of "Doosra: India’s Other Freedom Struggle" to add an appropriate disclaimer at the start and end of the movie and directed them to furnish a Rs 2 crore bank guarantee.
As per the court's observation, the sports drama violated the Indian National Cricket Team's former skipper Sourav Ganguly’s personality rights. The court, however, refused to make any interference with the screening of the movie, which was released last month, on October 23.
Justice Tejas Karia his explanation mentioned that the makers of the film has used Sourav Ganguly's personality on commerical purpose, while trying to depict the historical facts. The Delhi High Court has passed an interim order in a lawsuit by Ganguly and Luv Films LLP.
The film named "Doosra: India’s Other Freedom Struggle" is directed by Abhinay Deo and stars Plabita Borthakur, Ankur Vikal and Samidha Guru. According to a Bar and Bench report published on November 6, within two days, a disclaimer in Hindi and in English must be added to the movie, both at the start and the end of the movie.
The court has asked this of its makers, Ramesh Deo Productions Private Limited, only to make it clear to the audience that Sourav Ganguly did not consent to the use of his persona in the movie and the film is not intended to violate his personality and public rights.
Film makers will have to an unconditional bank guarantee of Rs. 2 crore
Further, in the hearing, Justice Karia ordered the makers of the film to furnish an unconditional bank guarantee of Rs. 2 crore. They will have to submit this to the Court's registrar in two weeks. The court also mentioned that if the defendants fail to comply with the orders within the given time frames, then they and those who are acting for the defendants will be restrained from making commercial use of the movie.
But what is the main reason in this case? According to media reports, Sourav Ganguly himself and a film production company named Luv Films LLP raised issues about the film, which has used the crucial live events of the former skipper.
What is the main issue?
It has been learnt that they have pointed out an issue in the scene where the filmmakers have portrayed the Indian cricket team's NatWest cricket series final and the iconic celebration of Sourav Ganguly on the Lord's balcony. Later, during the marketing, screening, trailer launch, and other commercial events of the movie, the makers allegedly misused the rights in a wrong way.
As per allegations, the filmmakers used the former cricketer's personality rights wrongfully. The suit was filed by Sourav Ganguly and Luv Films LLP, through Neo Juris Advocates & Solicitors. Advocates Gitika Aggarwal, Jaya Goyal, Arjun Aggarwal, Manpreet Kaur and Mehak represented them in court.
On the other hand, Senior Advocate Saurabh Kirpal, with advocates Ameet Naik, Madhu Gadodia, Sanjeevi Seshadri, Dhruv Anand, Sakshi Dube, Unnati Gambani, and Khushi Agarwal, represented the filmmakers.
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