A Mumbai court has temporarily barred actor and film critic Kamaal Rashid Khan (KRK) from posting defamatory content against film producer Vashu Bhagnani. The court stated that Khan does not have an "absolute right" to damage Bhagnani's reputation under the guise of movie reviews. Civil Judge Amit A. Laulkar underscored that the right to free speech should not infringe upon another person's right to privacy and public image. The court also noted that certain self-restrictions should be followed.
Bhagnani sought legal action against Khan for allegedly running a "well-orchestrated smear campaign" since early 2021 through a series of "grossly defamatory, slanderous, and distasteful" tweets and videos. Bhagnani claimed he was "pained and perturbed" by Khan's actions, alleging that Khan initiated the smear campaign without any due cause. He also argued that Khan is known for making defamatory comments against "soft targets" in the Indian film industry to gain publicity.
Bhagnani sought interim injunctions until the main defamation suit against Khan is decided, seeking to prohibit Khan from publishing further defamatory comments and demanding an unconditional apology. The court asked Khan to delete or withdraw the "offending allegations" mentioned in the legal motion. However, the request for an unconditional apology was denied, with the court stating that such a mandate requires detailed evidence typically handled at the final trial stage.
Khan argued that 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 trends, denying that he made any personal remarks.
The court found that, prima facie, Khan's tweets and statements are affecting Bhagnani's right to privacy. The court stated that Bhagnani's goodwill and reputation are at stake, and Khan does not have the right to damage it by expressing personal opinions in the public domain under the guise of reviews. The court deemed it necessary to regulate such actions until the final adjudication of the suit.
The Bombay City Civil Court has reaffirmed an order passed earlier in 2021, granting interim relief to Bhagnani. The court also held that the unregulated publication of defamatory content would cause irreparable harm to Bhagnani's goodwill and public image, warranting judicial intervention pending the final decision in the defamation suit. The series of tweets and videos included allegations of financial impropriety, non-payment of dues, involvement in illegal hawala transactions, and conduct damaging to the Indian film industry. The court stated that personal opinions aired publicly cannot be shielded from scrutiny by labeling them as reviews, especially when they contain imputations that lower an individual's reputation.
