SIMI GAREWAL Vs. T.N. RAMCHANDRAN

JUDGEMENT

(1.) This is an appeal against the order of a learned Judge of the City Civil Court dated February 6, 1974 dismissing the Notice of Motion taken out by the appellant in Suit No. 694 of 1974 in that Court in which she was the plaintiff. By the said Notice of Motion, the appellant sought to restrain the respondent, who was defendant No. 1 and another defendant, who has not been made a party in the appeal, from printing or publishing or circulating her nude or semi -nude photographs in the respondent's magazine entitled ' FILM WORLD'.

(2.) CERTAIN facts emerge from the record about which there is no serious dispute. The appellant is a well -known film artiste. She has played the leading female role in the picture 'Siddhartha', which was shot in India and which has been released for exhibition in the United States. This film has scenes in which the appellant is shown in nude or semi -nude poses. One of these scenes consists of the appellant, who plays the role of the courtesan Kamala standing in the nude wearing only certain articles of jewellery. The male actor, who is playing opposite her, is shown as kneeling in front of her with folded hands and apparently bowing down before her. A coloured photograph of this particular scene is proposed to be published by the respondent on the cover page of the January -February 1974 issue of his said magazine. This magazine contains an article entitled 'Will India be denied the original version of 'Siddhartha'?' and the said photograph is intended to illustrate the said article. I shall revert to this article a little later. It is the publication of this photograph, which is sought to be restrained by the appellant. Certain other facts also can be taken note of at this stage. The film 'Siddhartha' is adapted from the novel of the same name written by the well -known German author Herman Hesse in 1922 after a single trip to India in 1903. This novel tells the story of a Brahmin named 'Siddhartha', who lived about twenty -five centuries ago, and depicts his search for a meaningful way of life. It shows him becoming a Sadhu or an ascetic and submitting himself to the harsh practices of ascetism. It shows that he is not satisfied with this way of life, and then settles down with a beautiful courtesan, Kamala, and becomes a merchant. This again leaves him dissatisfied and ultimately he leaves this life and becomes a ferryman. The film 'Siddhartha' has been produced by an American producer, Conrad Rooks, and has been shown in several cities in the United States. There are some love making scenes in the said picture in which the appellant, in the leading role of Kamala, and the hero appear in semi -nude poses. The very photograph, which is the subject -matter of the present appeal, has been published in the issue of the Illustrated Weekly of India dated October 7, 1973. It is undisputed that this magazine has a much wider circulation than the magazine 'FILM WORLD' belonging to the respondent.

(3.) ALTHOUGH the matter has been argued by Mr. Jaisinghani, who appeared for the appellant, at some length before me, in my opinion, it can be shortly disposed of.