The Bombay High Court on Friday deferred the hearing of a suit filed by incarcerated underworld don Rajendra S Nikhalje alias Chhota Rajan seeking to restrain release of a Netflix television-series ‘Scoop’ -- based on the killing of journalist Jyotirmoy Dey -- on the grounds of infringement on his personal life, till June 7.
Rajan, who is lodged at Tihar Jail in the national Capital, had moved the High Court on Thursday - had sought restraint on the release of the tele-serial alleging that the serial makers had made a reference to his name (Rajan), image, purported voice and other names associated with Rajan. Rajan has sought Re 1 as damages for personal infringement. The HC Vacation Judge Justice Shivkumar G Dige adjourned the hearing of Rajan’s suit till June 7 after noting that since the television series was already on the air, there was no urgency in the matter. He granted time to the makers of the television serial to have their say on the serial. “Scoop” is based on a biographical account of one of the co-accused in the Dey murder case, journalist Jigna Vora, who was later acquitted in the case. In his suit, Rajan told the High Court: “My client has been shown as the one behind the murder of Dey. He is convicted in the case. His appeal is pending before the High Court. Should he be portrayed like this in front of the whole world? Lakhs of people are going to watch it. It is going to create a lot of problems for him” Desai argued on behalf of Rajan.
Fifty-six-year-old Dey, who was an Editor (Special Investigations) with ‘Mid-Day’, was gunned down by a group of motorbike-riding gangsters at Powai in north-east Mumbai on June 11, 2011. It may be recalled that a Special Court had on May 2, 2018 convicted Chhota Rajan and eight others for the sensational murder and sentenced them to life imprisonment, while it acquitted journalist Jigna Vora and another accused for lack of evidence. Appearing on behalf of Rajan, Senior Advocate Mihir Desai told the High Court that of all the other persons depicted in the series, only Rajan’s real face and name had been used in the television series.
Desai argued that an appeal against the conviction was pending in the Bombay High Court, and hence the trial court’s conviction could not be used against him. “The order of conviction cannot be used against Rajan in any defamatory manner or otherwise tarnish or malign his name and reputation merely with the sole intention to gain profits, by any third person, especially in absence of his consent,” Rajan stated in his suit.
In his suit filed before the commercial division of the High Court, Rajan has sought Re 1 as damages for the alleged infringement. Judge Dige wanted to know as to how Rajan’s suit would fall under Commercial Courts Act since the latter has sought only Re 1 as damages.
The Judge said that if the suit qualified as a commercial suit, then the suit would be sent for mediation as per the procedure under law.
