The Bombay high court at Goa dismissed an appeal filed by former Goa chief minister Churchill Alemao who had sought an injunction against the release of the film ‘Costão’ that released on OTT platforms on Thursday -- a film loosely based on the life of customs officer Costão Fernandes.
Churchill had earlier approached the Civil Court at South Goa with a civil defamation case against the producers and others of the film seeking damages to the tune of ₹100-crore alleging that the film being produced “was solely based on the narrative given by Costão Fernandes, in complete ignorance of various judicial proceedings that were initiated in respect of the incident, and which are contained in various judgments of this Court and of the Supreme Court based on an incomplete narrative of the facts of the particular incident and is in the nature of defaming [Churchill] and his family members, harming his reputation, his public image and his political status.”
In his petition, Churchill claimed that the film, if allowed to be produced and released, would portray him and his family as a “villain” and would allow the producers to make commercial gain at the cost of [his] reputation and political career and of his family members.
In response, the producers and other respondents to the case defended the film stating that the entire case “proceeds based on inferences drawn from newspaper articles and reports or comments made publicly by third parties who have not seen the film”; that their film is a work of fiction that does not purport to be a true story and that the real life incident “may have inspired the film.”
{{/usCountry}}In response, the producers and other respondents to the case defended the film stating that the entire case “proceeds based on inferences drawn from newspaper articles and reports or comments made publicly by third parties who have not seen the film”; that their film is a work of fiction that does not purport to be a true story and that the real life incident “may have inspired the film.”
{{/usCountry}}The film contains a specific disclaimer that “any resemblance to persons, past or present is purely incidental,” the producers also said.
The high court bench of Justice Valmiki Menezes ruled in favour of the film and denied the injunction. The order of the court was released on Wednesday, a day before the film’s release.
“Atleast at this stage, before the release of the film, the defendants have set out a case that the film is a work of fiction, dramatising an incident which is described in records of various courts. The defendants also claim that the film is based on inspiration derived from the facts stated in court records and from the version of the incident stated by Costão. The claim is that the film is a work purely of fiction and dramatizing the incident to give it a certain entertainment value for viewers. There are enough safeguards also placed in the form of a disclaimer. Nothing is shown on record to draw any likeness of any character in the film, which is not yet released, or for the Plaintiff to believe from any material that the character has a likeness similar to the Plaintiff or any members of his family,” Justice Menezes, said.