Delhi High Court has refused to stop the theatrical release of ‘Doosra’ after former India cricket captain Sourav Ganguly approached the court over alleged unauthorised use of his identity and cricketing career in the film. The sports drama is scheduled to release on October 23, with the court declining to grant an immediate stay a day before its theatrical debut, according to PTI.
During Thursday’s hearing, a vacation bench of Justice Dinesh Bhatt observed that the balance of convenience appeared to favour the filmmakers. The makers told the court that more than 100 theatres had already been booked and advance payments made, while Ganguly’s counsel argued that the film used the former cricketer’s life and achievements without his permission.
The court has listed the matter for further hearing on Friday. Its decision not to stop the release at this stage does not amount to a final ruling on whether the film violates Ganguly’s personality rights.
Why Sourav Ganguly wants to stop ‘Doosra’
Ganguly has approached the court alleging that the film infringes his personality and commercial rights by using elements associated with his identity and cricketing career without a licence.
According to the arguments reported from the hearing, his plea refers to his captaincy of the Indian cricket team and the memorable 2002 NatWest Series final against England. Ganguly’s shirtless celebration on the Lord’s balcony after India’s victory remains one of the most recognisable moments of his career.
Ganguly’s counsel argued that the film was being promoted around the former captain and that his life was central to its story.
“The movie (Doosra) is being promoted on Sourav Ganguly. Sourav Ganguly is the actual hero of the movie. He and his life are the main theme of the movie,” his counsel told the court.
The legal challenge also comes as a separate biopic on Ganguly’s life is under production by Luv Films LLP, which has joined him as a plaintiff in the lawsuit.
Ganguly’s side offered to pay the advance booking amount to defer the release, seeking time to address its concerns before the film reached theatres.
Why the filmmakers opposed a release stay
The filmmakers disputed the claim that ‘Doosra’ was a biopic of Ganguly. Their senior counsel described it as a different story and told the court that the necessary permissions had been obtained to use certain clips involving the former captain.
The film has been described as the story of a middle-class girl from Rajasthan whose experiences are inspired by certain sporting events involving Ganguly.
The defendants also argued that the plaintiffs had not watched the film and that their concerns were based on assumptions about its content.
On the use of cricket footage, the filmmakers’ counsel contended that a player could not claim personality rights over clips from the 2002 NatWest Series.
The counsel also highlighted the commercial consequences of postponing the release, saying more than 100 theatres had been booked and advance payments had already been made.
Calling the last-minute challenge an attempt at “blackmailing”, the filmmakers opposed stopping the film on the eve of its release. The remark was part of their argument before the court, rather than a finding by the judge.
What the court said about stopping the film
The court considered whether an immediate order preventing the release was justified, given that the film was due in theatres the following day.
Justice Bhatt orally observed that the balance of convenience did not appear to favour Ganguly at the preliminary stage.
“It is due for release tomorrow (Friday). Balance of convenience prima facie does not favour you. You may have a valuable right. (But) We are not stopping the film today,” the judge told the plaintiff’s side.
The balance of convenience is a legal test courts use when deciding whether to grant interim relief, such as a temporary injunction. It involves weighing the potential harm to the person seeking the order against the consequences for the other side if the order is granted.
In this case, the filmmakers pointed to their theatre bookings and advance payments, while Ganguly’s side maintained that the film could violate his rights if it used aspects of his identity without authorisation.
The court’s oral observations indicate its approach to the immediate request for a stay. The underlying dispute over personality rights remains to be decided.
What is ‘Doosra’ about?
‘Doosra: India’s Other Freedom Struggle’ is a sports drama directed by Abhinay Deo. The film stars Plabita Borthakur, Ankur Vikal and Samidha Guru.
‘Doosra’ blends India’s historic 2002 NatWest final victory over England, including Sourav Ganguly’s iconic shirt-waving celebration at Lord’s, with the story of Tara, a young girl from a conservative household who finds the courage to challenge social conventions. Directed by Abhinay Deo, the sports drama follows how a cricketing moment inspires Tara to find her own voice. The film has already been released in theatres.
The hearing is scheduled to continue on Friday, leaving the legal challenge unresolved as the film has already been released in theatres.
(Inputs from Agencies)