Bhabuji shah made a complaint of defamation against Alia Bhatt, Sanjay Leela Bhansali. After the release of the promo, he approached the court and made an allegation before the court that his mother reputation was tarnished by the movie Gangu Bai and book (kathiawadi) in which she was shown as a prostitute, smoking beedi in film, mafia queen.
He claimed to be the adopted son of Gangu bai khthiawadi. He filed a complaint under section 499, 500 of the Indian penal code (of defamation).
Under section 499 clause 1 the defamation is made out when the imputation hurt the feeling and reputation of the person who has been alive or if death then to hurt the feeling and reputation of family members.
The magistrate on the basis of complaint sent the summons to the author of the book and makers of the Gangu bai film.
The counsel appearing for film-maker Alia Bhatt and Sanjay Leela Bhansali argued that the movie is based on the chapter of book “MAFIA QUEENS OF MUMBAI” which was published in 2011 but till now no action is taken against that book until this movie came out. He also said that the test given under SUBRAMANIAN SWAMY VS UNION OF INDIA, 2016 is not also satisfied by this complaint.
He said that there is no information regarding the adopted son neither in the movie nor in the book so how there can be the intention to hurt his reputation.
The counsel of makers highlighted the fact that the complainant had not submitted the document of his adoption to prove that he is the adopted son of Gangu bai.
The court also asked for proof of adoption or relation, but he was unable to prove the adoption.
The Bombay high court stayed the proceeding of defamation against the maker as babuji shah failed to prove his adoption.