New Delhi, 06 November (H.S.): The Delhi High Court, in an interim order on Friday, held that the film ‘Doosra’ prima facie infringes the personality and publicity rights of former Indian cricket captain Sourav Ganguly. However, Justice Tejas Karia observed that elements associated with Ganguly’s persona were so deeply intertwined with the film’s narrative that removing the scenes referring to him would not be feasible.

During the hearing, the court declined to stay the film’s theatrical screening. It directed the filmmakers to incorporate an appropriate disclaimer in the movie and furnish an unconditional bank guarantee of Rs. 2 crore with the court.

Ganguly had filed a petition against the filmmakers, objecting to the alleged commercial use of his name, image and references to his life without his consent. In his plea, he sought a stay on the film’s release, citing references to significant events in his cricketing career, particularly his captaincy during the final of the NatWest cricket series and his iconic shirtless celebration at Lord’s.

The petition alleged the unauthorised commercial exploitation of Ganguly’s personality rights and a violation of the exclusive contractual rights granted to a production house for his proposed biopic. Ganguly and Luv Films had sought an injunction against the film’s theatrical, digital and other releases, as well as the circulation of promotional material allegedly using his name, image, likeness and iconic moments from his cricketing career without authorisation.

The court’s interim order found a prima facie case of infringement, while allowing the film’s theatrical screening to continue subject to the stipulated conditions.

Hindusthan Samachar / Jun Sarkar