On Wednesday(10th July), The Gujarat High Court overturned a lower court’s decision allowing Abdul Latif’s heirs to join a Rs 101 crore defamation suit against Shah Rukh Khan and Red Chillies Entertainment. Originally filed by Latif’s son, the suit escalated after his death, with the court later permitting his widow and daughters to join as plaintiffs.
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Gujarat: The Gujarat High Court on Wednesday(10th July), annulled a lower court’s decision that allowed the legal heirs of the deceased gangster Abdul Latif to join as plaintiffs in a high-profile defamation suit. This case, seeking damages amounting to Rs 101 crore, is against renowned actor Shah Rukh Khan and his production company, Red Chillies Entertainment, among others.
The defamation suit, originally filed by Latif’s son Mushtaq Sheikh in April 2016, came in the wake of the release of the trailer for the film “Raees,” which is reportedly based on the gangster’s life. However, after Mushtaq Sheikh passed away in 2020, an Ahmedabad court, in 2022, permitted his widow and two daughters to join the lawsuit as plaintiffs.
Represented by advocate Salil Thakore, Shah Rukh Khan and his associates argued that –
“The Gujarat High Court ruled that the right to sue for defamation damages does not transfer to heirs after the plaintiff’s death, as defamation claims are personal and expire with the plaintiff.”
Justice J C Doshi of the Gujarat High Court found that the trial court had committed a “serious jurisdictional error” by allowing the heirs to be included as parties in the defamation suit. Consequently, the High Court quashed and set aside the trial court’s order. It further directed the trial court to pass an order for the abatement of the civil suit within three days of receiving the High Court’s order, as the “right to sue” does not survive any longer.
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In April 2016, Mushtaq Sheikh filed the defamation suit at the Ahmedabad city civil and sessions court. This legal action followed the release of the trailer for “Raees,” which, according to reports, draws significant inspiration from Abdul Latif’s life. Mushtaq Sheikh’s suit named the film’s producers, director, and the proprietors of the production companies involved, alleging defamation.
The Gujarat High Court has annulled a lower court’s decision allowing the legal heirs of the deceased gangster Abdul Latif to join as plaintiffs in a high-profile defamation suit. This case seeks damages amounting to Rs 101 crore from renowned actor Shah Rukh Khan and his production company, Red Chillies Entertainment, among others.
The defamation suit, originally filed by Latif’s son Mushtaq Sheikh in April 2016, followed the release of the trailer for the film “Raees,” which is reportedly based on the gangster’s life. Mushtaq Sheikh sought the Ahmedabad court’s direction to declare that the defendants’ acts were defamatory to the reputation of Mushtaq, his family, and his late father Abdul Latif Abdul Wahab Sheikh. He also sought a decree for compensation for the damages to his reputation to the tune of Rs 101 crore, with running interest at 18 percent per annum, along with a permanent injunction to restrain the defendants from releasing “Raees” in theatres.
Mushtaq’s case was that –
“The plaintiff, his family, and the esteemed reputation of Late Abdul Latif Abdul Wahab Shaikh were brought into question due to the promotional materials, performance, and promos of the film ‘Raees’.”
The film was released on January 26, 2017, and eight defendants were named in the suit – Red Chillies Entertainment; Shah Rukh Khan; Gauri Khan (proprietor of Red Chillies Entertainment and wife of Shah Rukh Khan); Excel Entertainment; Ritesh Sidhwani and Farhan Akhtar (proprietors of Excel Entertainment); Rahul Dholakia Production Pvt Ltd; and Rahul Dholakia (the director of “Raees”).
However, Mushtaq died on July 6, 2020, leading to an application by his widow and two daughters to join the defamation suit as plaintiffs. The Ahmedabad court, by an order dated April 27, 2022, permitted the legal heirs to join the suit. Represented by advocate Salil Thakore, Shah Rukh Khan and his associates argued that –
“The Gujarat High Court clarified that the right to sue for defamation damages does not transfer to the deceased’s heirs. Defamation claims are considered personal and are extinguished upon the death of the plaintiff who alleges defamation, without passing on to their legal heirs.”
Justice J C Doshi of the Gujarat High Court held that the trial court had committed a “serious jurisdictional error” by allowing the heirs to be included as parties in the defamation suit. Consequently, the High Court quashed and set aside the trial court’s order. It further directed the trial court to pass an order for the abatement of the civil suit within three days of receiving the High Court’s order, as the “right to sue” does not survive any longer.
