The High Court of Delhi, through learned judge, Justice Abhishek Kumar in the case of Raj Gaurav v Leena Manimekalai & Anr. (CS No. 1024/2022) issued Notice and Summons to Leena Manimekalai in a suit seeking to restrain her from showing goddess Kaali smoking a cigarette.
BRIEF FACTS: Plaintiff filed the suit for permanent and mandatory injunction against the defendants. It was stated by the plaintiff that the defendants have depicted the Hindu goddess Kali in a very uncalled way in the poster and promo video of their upcoming Movie “Kaali”. Further, the poster of the film depicted Hindu goddess Kali smoking a cigarette which not only hurt the religious sentiments of common Hindu but was also against the basics of morality and decency. Further, the alleged poster was tweeted by the defendant No.1 from her twitter handle. The plaintiff sought interim injunction to restrain the defendants temporarily from depicting goddess Kaali in the way they have depicted in the poster and video and the tweet in question.
FINDINGS OF THE COURT: The relief of interim injunction is discretionary relief. The court reiterated that as held by Hon’ble Supreme Court in a number of cases the ex-parte ad-interim injunction had to be granted in exceptional circumstances. The court was of the opinion that the defendant needs to be heard before passing any order against them. Therefore, the court issued summons of the suit and notice of the injunction application under Order 39 Rule 1 & 2 CPC to the defendants on filing of PF/RC for 06.08.2022.
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JUDGEMENT REVIEWED BY – AMRUTHA K