Mumbai Court Allows Release of ‘O’Romeo’, Rejects Posthumous Personality Rights Claim

Mumbai Court Allows Release of ‘O’Romeo’, Rejects Posthumous Personality Rights Claim

Introduction

In Sanober Shaikh v. Sajid Nadiadwala & Ors., a Mumbai City Civil Court refused to stay the release of the film O’Romeo, directed by Vishal Bhardwaj and starring Shahid Kapoor. The suit was instituted by Sanober Shaikh, daughter of late journalist and police informer Hussain Shaikh alias Hussain Ustara, alleging that the film was an unauthorised biographical portrayal of her father.

The Court dismissed the interim application seeking a stay on release and pre-screening of the film, observing that its findings were prima facie and would not affect final adjudication.

Factual Background

The plaintiff contended that O’Romeo was a biopic inspired by the life of her father, Hussain Shaikh (alias Hussain Ustara), and alleged misappropriation of his persona along with violation of privacy and reputational rights. It was argued that the film drew material from the book Mafia: Queens of Mumbai, and that the portrayal would defame the deceased and harm the family’s dignity.

Procedural Background

The matter came before the City Civil Court, Mumbai, where Additional Sessions Judge HC Shende heard the interim application.

In response, Vishal Bhardwaj filed a detailed affidavit denying the allegations and opposing the interim relief. The Court ultimately dismissed the interim application and allowed the film’s release to proceed. The suit itself was adjourned to March 12 for filing of written statements by the defendants.

Issues

1. Whether the plaintiff had made out a prima facie case warranting an interim injunction against the release of the film.

2. Whether personality, privacy, and defamation claims survive the death of an individual.

3. Whether delay and prior public knowledge of the film disentitled the plaintiff from interim relief.

Contentions of the Parties

Plaintiff’s Contentions: The plaintiff argued that the film was effectively a biographical depiction of her late father and unlawfully appropriated his life story. It was contended that the film would violate personality rights, privacy, and the reputation of the deceased and his family. She sought to restrain release until final adjudication and demanded a pre-release screening.

Defendants’ Contentions: Vishal Bhardwaj denied that the film was a biopic and stated that it was a fictional work inspired by thematic elements, accompanied by a prominent disclaimer clarifying that any resemblance to real persons was coincidental.

Reasoning and Analysis

The Court found that the plaintiff failed to establish a strong prima facie case warranting a pre-release injunction. The presence of a clear and prominent disclaimer indicating that the film was fictional weighed against the argument that it was a biographical portrayal.

The Court also noted the delay in approaching the Court despite the film’s prior announcement and completion being widely reported. Injunctions at the eleventh hour, particularly in cases involving artistic expression and large-scale commercial release, require compelling justification, which was absent. Further, the defendants’ submission that personality and defamation claims do not survive death appeared to diminish the strength of the plaintiff’s claim for urgent relief. The demand for monetary compensation in earlier notices also undermined the argument of irreparable harm. The Court clarified that its findings were prima facie and would not prejudice final adjudication.

Decision

The interim application seeking a stay on the release of O’Romeo was dismissed. The film was permitted to release as scheduled. The main suit remains pending before the Mumbai City Civil Court for further adjudication.

In this case Mr. Ashwin Bhalekar was briefed by a team from Saikrishna and Associates including Thomas George, Tanvi Sinha, Navankur Pathak, Neeti Nihal and Bargavi Bharadwaj appeared for Vishal Bharadwaj.

Meanwhile Bhalekar with Advocate Ravindra Sruyavanshi briefed by Bar and Brief Attorneys appeared for Sajid Naidadwalala.