Delhi High Court Refuses Stay on 'Doosra' Film, Citing Public Interest and Delay in Seeking Injunction

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Published 22 October 2026

Bottom Line Up Front (BLUF)

The Delhi High Court, in a significant ruling, refused to stay the release of the film 'Doosra' on Sourav Ganguly's plea alleging personality rights violation. The Court emphasized the public interest in artistic expression and the substantial delay by Ganguly in seeking an injunction, noting that the film was already complete and awaiting release.

Ratio Decidendi · Legal Principle Established

The Delhi High Court held that a stay on the release of a film, particularly when completed and awaiting release, should not be granted if there is a significant delay in seeking an injunction, and where the film touches upon matters of public interest and artistic expression. The balance of convenience and irreparable injury must strongly favour the applicant, which was not met in this case.

Practice & Procedural Impact for Advocates

Advocates representing public figures must act promptly to seek injunctions against alleged personality rights violations, especially concerning artistic works nearing completion. Courts will weigh public interest in artistic expression against individual rights, and significant delay can be fatal to interim relief applications.

Key Legal Takeaways

1Delay in seeking injunctions against artistic works can be a critical factor in refusal of interim relief.
2Courts consider the public interest in artistic expression when balancing personality rights claims.
3The balance of convenience and irreparable injury must be strongly established for a pre-release injunction.
4Personality rights claims against completed films face higher hurdles for interim relief.

The Legal Issue Sourav Ganguly, the former captain of the Indian cricket team, sought an injunction from the Delhi High Court to restrain the release of the film 'Doosra'. He alleged that the film infringed upon his personality rights by depicting his life and career without his consent. The core legal issue revolved around balancing an individual's personality rights against the freedom of speech and expression, particularly in the context of artistic works that draw inspiration from public figures.

Court's Reasoning The Delhi High Court, after considering the arguments, refused to grant an interim injunction to stay the film's release. A primary factor in the Court's decision was the substantial delay on Ganguly's part in approaching the court. The film was reportedly completed and awaiting release, and the Court noted that granting a stay at such a late stage would cause significant prejudice to the filmmakers. The Court also implicitly acknowledged the public interest in artistic expression and the difficulty in restraining a creative work that may draw from public events and figures, especially when the balance of convenience did not strongly favour the applicant. The Court found that the conditions for granting an interim injunction—prima facie case, balance of convenience, and irreparable injury—were not sufficiently met by Ganguly, particularly due to the delay.

Why It Matters This decision is significant for creators of biographical or inspired artistic works and for public figures. It underscores the principle that while personality rights are recognized, they are not absolute and must be balanced against the constitutional right to freedom of speech and expression. For public figures, the ruling highlights the critical importance of acting promptly to protect their rights. Any significant delay in seeking an injunction against an artistic work, especially one nearing completion, can be a fatal blow to an application for interim relief. The judgment reinforces the judiciary's reluctance to impose pre-publication or pre-release injunctions on creative works unless there is an overwhelming case of infringement and no undue delay.