Mumbai:The Bombay High Court on Friday refused to direct an OTT platform to take down a web series on the plea of jailed gangster Rajendra Nikalje, alias Chhota Rajan. Rajan filed a plea against web series 'Scoop', which was released on Netflix on Friday.
The court has directed Netflix and makers of 'Scoop' to file their affidavits in response to the plea. Also, it allowed Rajan to amend his plea to show that it is a case of intellectual property rights. An order in this regard was issued by the vacation bench of Justice S G Dige. The next date for hearing of the case has been listed on June 7.
Rajan had moved court on Thursday with a plea against the makers of the web series alleging that his photograph and name were used without his permission thereby amounting to defamation and infringement of rights. He had appealed the court to stall the release of the web series.
Hansal Mehta directed web series 'Scoop' shows the story of journalist Jigna Vora who allegedly murdered another journalist Jyotirmoy Dey in 2011. Rajan along with nine others are convicted in the case. Currently, Rajan is lodged in Tihar Jail in this connection.
Rajan's advocate Mihir Desai said the makers of the web series used his name, image and voice and portrayed him as the main conspirator in the murder case. He said that Rajan has a copyright on his image and cannot be shown guilty in this manner before all. Desai further mentioned that Rajan is the only person whose real name and image has been used while in case of others, their names and images were changed.
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Senior counsel Ravi Kadam, representing Netflix, argued that Rajan has been convicted in the case of the journalist's murder and the judgment is available in public domain. So, Rajan's name or image can be used by anyone, Kadam said.
The bench then asked what if Rajan was acquitted in the appeal filed by him in the high court. To this, Kadam pointed out a Supreme Court judgment that stated till the appeal is pending, the lower court judgment convicting a person stands.
Rajan has also sought damages of Re 1 to be paid to him or asks the makers of the web series to use the money earned through the telecast of the trailer for "public good or upliftment of the society".
