Rajasthan High Court rejects plea by Asaram Bapu to stay release of Manoj Bajpayee starrer Sirf Ek Banda Kaafi Hai

The Rajasthan High Court on Friday dismissed an application filed by self-proclaimed godman Asaram Bapu seeking a ban on the release of Manoj Bajpayee starrer Sirf Ek Banda Kaafi Hai in theatres and on Over-the Top (OTT) platforms. [Om Prakash Lakhyani Trustee & Ors v. UOI & Ors].Asaram, who is currently in jail, along with one Om Prakash Lakhani sought a stay on the release of the film produced and directed by Zee5 Studio, alleging that it was based on his life without his permission and that it portrays him in negative light.While dismissing the stay application, Justice Pushpendra Singh Bhati observed,"...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.".The Bench further said that since the petitioners did not file their case in a timely manner, relief cannot be granted now, as the film has already been released. 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 today, counsel for the petitioner argued that Asaram's reputation and privacy rights have been violated by the film, which allegedly portrays him as a villainous character named "Ravana" who has committed heinous crimes.He added that the criminal appeal preferred by Asaram against the judgment and order of his conviction in a rape case is pending before the High Court. Therefore, till the pendency of the appeal, the respondents ought not to have produced and released the movie in question..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 domainFurther, 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..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 petitioners.Deputy SG Mukesh Rajpurohit and Advocates Uttam Singh Rajpurohit, RDSS Kharlia, Harish Kumar Purohit and CS Kotwani represented respondents. Advocate Ramandeep Singh, Sidhu Kharlia appeared for Vinod Bhanushali, Bhanushali Studios..[Read Order]