RUBA AHMED Vs. HANSAL MEHTA

JUDGEMENT

(1.) An application under Order XXXIX Rule 1 and 2 read with Sec. 151 Code of Civil Procedure, 1908 (hereinafter referred to as -CPC?) has been filed for ad-interim injunction for restraining the defendants from releasing the movie "FARAAZ" in any manner whatsoever, amounting to infringement of plaintiff's fundamental right to privacy and fair trial; to restrain the defendants from using plaintiff's daughter's name and also the name of their best friend Faraaz and their image/caricature/ lifestyle/likeness in the forthcoming movie "FARAAZ" in any manner; to direct the defendant to remove all references/press release/videos/posters/advertisement /content/publicity material containing the names of the daughter's of the plaintiffs and also name of their best friend Faraaz and their image/caricature/ lifestyle/likeness from all websites, television channel, newspapers, social media and or other modes of advertisements and promotion in any other mode of electronic or print media in respect of forthcoming movie "FARAAZ" amounting to infringement of plaintiffs right to privacy and fair trial; and in the alternative direction is sought to be issued to the defendants to hold a pre-screening before the court of law in the presence of the plaintiffs and their representatives to ascertain the infringing content in the movie.

(2.) It is submitted that the plaintiff No. 1 is the mother of one Ms. Abinta Kabir, who is also the Co-Founder and General Secretary of the Foundation Abinta Kabir which has been created in the memory of her daughter.

(3.) The plaintiff No. 2 is the mother of one Ms. Tarishi Jain, who is also the Co-Founder and Chairman of the Foundation - -Live Life Like Tarishi Foundation?, which has been created in the memory of Ms. Tarishi Jain.