Indore (Madhya Pradesh) [India], November 3 : The release of Emraan Hashmi's upcoming film 'HAQ' has run into legal trouble after Shah Bano's daughter, Siddiqua Begum, filed a petition in the Indore Bench of the Madhya Pradesh High Court seeking a stay on its release. The film is slated to hit theatres on November 7.
Siddiqua's lawyer, Tauseef Warsi, told ANI that the filmmakers did not obtain consent from Shah Bano's family before using her name or life story.
"The film 'HAQ' is releasing on November 7. This film is (based on) the landmark case of M.A. Khan vs Shah Bano Begum. For the first time in Indian history, a Muslim woman fought for maintenance and won the case... It is mandatory to obtain someone's consent before using their personal life, name, as this falls under the right to privacy," Warsi said.
"This is a fundamental right. Shah Bano Begum's biological daughter, Siddiqua Begum, is alive and had no knowledge of this film. She learned about it as soon as the teaser was released... Therefore, we have filed a petition against it in the High Court...We have asked for a stay on the movie," he added.
Earlier, Siddiqua had also sent a legal notice to the makers demanding an immediate halt to the "publication, screening, promotion, or release" of the film.
According to the notice, the complaint alleged the "unauthorised depiction of the personal life of the late Shah Bano Begum without the consent of her legal heirs". The notice was sent to the film's director, Suparn Verma, producers Junglee Pictures and Baweja Studios, and also to the Central Board of Film Certification (CBFC).
The film 'HAQ' is reportedly based on the 1985 Supreme Court judgement in Mohd. Ahmed Khan vs Shah Bano Begum, a landmark case concerning women's rights and maintenance laws in India.
In 1978, Shah Bano, then 62, filed a petition in the Indore court seeking maintenance from her divorced husband, Mohammed Ahmed Khan, an affluent and well-known lawyer. The couple had married in 1932 and had five children.
In 1985, the Supreme Court ruled that Shah Bano was entitled to maintenance under Section 125 of the Code of Criminal Procedure. However, the following year, the Rajiv Gandhi government passed legislation that effectively nullified the verdict.
Directed by Suparn S Varma, 'HAQ' also features Vartika Singh, Danish Husain, Sheeba Chadha, and Aseem Hattangady in key roles. The film, produced under the banner of Junglee Pictures, is backed by Vineet Jain, Vishal Gurnani, Juhi Parekh Mehta, and Harman Baweja.