Delhi High Court stayed the order that restrained makers of the Bollywood to be released movie ‘Chakravyuh’ from releasing, transmitting, distributing, exhibiting, performing or communicating to the public by any means or technology, aural or audio visual performance of the impugned song ‘Mehngai’ using the name of the plaintiff (BATA).
The movie is now scheduled to be released in India on October 24, 2012.
The Court said “Would the traditional legal principles evolved by Courts on the subject of rhetorical language or hyperbole be sufficient guidance for Judges to resolve issues when expressions are used with respect to social issues? Is a question which needs to be seriously considered and answered. This is the reason why we are deferring hearing but penning our thoughts as aforesaid to bring out the richness in the public debate and especially in the modern societies where contemporary entities compete in the interdependent industrialized world and perhaps in this competition the individual organized industry of the common man renders him incapable of fighting an organized industrial establishment.”
“…….in its contextual setting, viewed and heard as a whole, the song is not prima-facie derogatory or defamatory of the House of Bata. Four leading and well known industrial houses (Birla, TATA, Ambani & BATA) have been named and the statement naming them is prima-facie not likely to be taken literally by the viewer/listener”, the Court said.