A sessions court in Bombay recently set aside a lower court’s order, issuing process against Madhur Bhandarkar on a complaint filed by a script writer who alleged that the filmmaker had used his story without his consent for the National Award-winning film Jail. Additional sessions judge A.Z. Khan said, “It is to be noted here that the complainant has not placed any material before the learned trial court to show that the film Jail was based on the story written by the complainant.”
In September 2015, the Andheri (Bombay) magistrate’s court issued process against Madhur and writer Dilip Shukla for cheating and criminal breach of trust after a 2014 complaint was filed by writer Surendra Singh Tanwar. Aggrieved by the order, Bhandarkar moved the sessions court in 2016.
Tanwar had submitted that he assisted Dilip Shukla and another person in 1995 and wrote a story, Gunahon Ka Devta, which was registered with the Film Writers Association. He alleged that Shukla sold the story to Madhur Bhandarkar for Rs. 25 lakh without taking him into confidence. He further alleged that Madhur made Jail based on his above story and earned huge money.
Bhandarkar’s lawyer argued before the sessions court that after conducting a detailed inquiry, the police station concerned concluded that no offence was committed by Madhur or Dilip Shukla and that the matter was a civil dispute.
While submitting that Tanwar had filed his complaint after seven years of the release of Jail, Madhur’s lawyer argued that there was no evidence to show that the film was based on the story written by Tanwar.
Allowing Madhur’s plea, the sessions court said, “No doubt, there is no sufficient material against the present applicant accused (Bhandarkar) that he has cheated the complainant in furtherance of common intention with the other accused dishonestly and thus the process issued against the present applicant is not legal and correct, which needs to be set aside.”