Salman Khan’s personality rights plea: Delhi High Court records statement that film ‘Kala Hiran’ not ready for release

The maker of the proposed film “Kala Hiran: The Battle for Legacy”, reportedly inspired by actor Salman Khan’s 1998 blackbuck poaching case, told the Delhi High Court on Thursday (September 10) that the movie is presently not in a releasable state as its contents are yet to be certified by the Censor Board. The statement was made during the hearing of Khan’s suit seeking to restrain the release of the film.

 The Bench of Justice Jyoti Singh noted in the court order that Defendant No. 1’s lawyer stated the movie isn’t ready for release because it hasn’t received Censor Board approval yet. The Court took the statement on record and directed the defendant to file its reply within two weeks, with Khan to file a rejoinder before the next date.

Counsel for the actor submitted that OTT platforms do not require censor certification for film releases, a point duly recorded by the Court. At the outset, the Court observed that the plaint lacked any specific averment regarding the proposed release date of the film.

Senior Advocate Ravi Prakash, representing Khan, argued that the filmmakers plan a September release, which would cause severe harm to his client. When the Court questioned Defendant No. 1 (Amit Jani) about the release timeline, his counsel stated he needed instructions while also challenging the court’s jurisdiction and the suit’s maintainability.

When the Court asked once more when the movie would hit theatres, Jani conceded he did not have instructions yet. The judge then directed him to return with clear answers on Monday, noting that the film could not be released before then anyway, a point Jani reinforced by reiterating that the movie was nowhere near ready for release.

The Court consequently decided to record the statement of the film’s maker regarding its present status. Khan has filed the present plea as part of his pending personality-rights litigation against various unidentified entities (John Doe), seeking protection against unauthorised use of his name, image and likeness.

In July, the High Court had directed the takedown of several online links relating to the teaser of the proposed film.

Last year, while dealing with Khan’s personality-rights suit, the High Court had also restrained unauthorised merchandise using the actor’s image and likeness.

The Court on Thursday issued notice on Khan’s application seeking interim relief and listed the matter for further hearing on September 30.

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