Staff Reporter
Panaji
The High Court of Bombay at Goa has cleared the release of a film based on the life of retired customs officer Costao Fernandes, dismissing an appeal filed by former Goa chief minister Churchill .
Justice Valmiki Menezes observed that the case for an injunction must be grounded in the plaintiff’s pleadings, not in the defendants’
replies or defenses.
The court noted that the defendants had established that the film is a work of fiction, dramatising an incident recorded in various court documents. The defendants also maintained that the film draws inspiration from the facts in court records and from Fernandes’ own account of the events.
The High Court further stated that the filmmakers claim the production is purely fictional, crafted to provide entertainment, with sufficient safeguards such as disclaimers. The court stated there was nothing on record to suggest that any character in the unreleased film bears a resemblance to Churchill or his family members, nor was there material justifying the plaintiff’s belief that such
likeness existed.
Churchill had sought an injunction to restrain the film’s release, arguing that it would defame him and his late brother, Alvernaz. However, the court ruled that injunctive relief could not be granted before the fictional work was publicly available and thoroughly examined.
Churchill said that no gold was ever confiscated by the customs and that he was exonerated of the criminal charges by the courts.
The lower court had earlier found that Churchill failed to provide concrete evidence showing the film contained defamatory content or depicted him, his brother, or their family in a negative light. The court noted the case was largely built on news reports circulated on social media, which were neither authored by the defendants nor published at
their direction.
The film centers on Fernandes’ efforts to thwart a smuggling operation allegedly involving Alvernaz. Churchill had approached the HC seeking to overturn the lower court’s order, demanding Rs 100 crore in damages for defamation, along with interest.
