Court restrains KRK from posting defamatory content against Vashu Bhagnani: 'Has no absolute right to damage reputation'

Kamaal Rashid Khan, aka KRK, has been barred from posting defamatory content on Vashu Bhagnani.

A Mumbai court has temporarily restrained actor and self-proclaimed film critic Kamal Rashid Khan, aka KRK, from publishing defamatory content against film producer Vashu Bhagnani. The court stated KRK has "no absolute right" to damage the latter's reputation under the guise of a movie review in the public domain.

KRK has been barred from posting defamatory content on Vashu Bhagnani.

What was Vashu Bhagnani's complaint

Vashu Bhagnani had moved court in 2021 against KRK, claiming that he was running a "well-orchestrated smear campaign" against him by posting "grossly defamatory, slanderous, and distasteful" tweets and videos. The filmmaker sought that until his defamation suit was settled, KRK be prohibited from posting further defamatory content against him. The court of civil judge Amit A. Laulkar asked KRK to delete or withdraw the "offending allegations" mentioned in the legal motion. However, it denied the prayer for an unconditional apology, stating that such a mandate requires detailed evidence typically handled at the final trial stage.

The court's ruling

The judge underscored that "the right to speech of one person should not cause breach of the right of privacy and public image of another person". There are certain self-restrictions, and the defendant ought to have followed them impeccably, the court said.

In his plea, Vashu Bhagnani claimed he was "pained and perturbed" after realising that KRK had "initiated a well-orchestrated smear campaign against him without any due cause whatsoever". In his defense, KRK said the motion was "frivolous" and based on "distorted facts". He maintained that as a film critic, it is his job to review films and discuss industry trade, denying making any personal remarks.

After hearing both sides’ arguments, the court found that, prima facie, tweets and statements made by KRK are somehow affecting the right of privacy of the plaintiff (Bhagnani). "The goodwill and reputation of the plaintiff is at stake, and the defendant has no absolute right to damage the same by expressing his personal opinions in the public domain under the guise of review," the court said. "Certainly, there is every reason to regulate such an act till the final adjudication of the suit," the court said. It then partly allowed the motion for temporary relief, saying that if the alleged tweets, videos and other statements are not curbed, "it will cause grave loss, mental agony to the plaintiff".

About Vashu Bhagnani

Vashu Bhagnani, 64, has produced countless Bollywood hits in a 30-year career, including Coolie No 1, Bade Miyan Chote Miyan, and Rehnaa Hai Terre Dil Mein. However, his company, Pooja Entertainment, has struggled with the box office performance of their recent films, delivering flops like Ganapath and Bade Miyan Chote Miyan back-to-back.