Akshaya Mohanty

Cuttack, Nov. 2: Celebrated singer Akshaya Mohanty’s family members are upset. Midstream Cinema’s production Smruti Tumhe, purportedly based on the life of the late singer, has ruffled their feathers and they have moved court to stop the film from being made.

The legendary singer’s 68- year-old widow and Mohanty’s autobiography copyright holder Prabina Mohanty claim her family was not consulted about the making of the movie and intends to block the entire production and release of the film.

“I am disturbed because no permission has been sought to use the literary works of Akshaya Mohanty,” said Prabina. The autobiography was published as Aryadas Ra Atmalipi in 2002 and after his death on November 17, 2002 as Aryadas Ra Seshalipi in 2003. She has moved the court for injunction on the production of the film.

Smruti Tumhe’s director Sushanta Mani, on the other hand, said: “My film, has a singer and music director as protagonist, but it has nothing to do with the personal life of Akshaya Mohanty”. He said: “The movie is already on floor and shooting of one-third of the film has already been completed”.

The late singer’s family is discontented as the filmmaker had gone ahead with the movie despite a legal notice. “There was no response after the legal notice was served nearly a year ago. But reports in August indicated that shooting of the film was in progress with Rajya Sabha MP Siddhant Mohapatra in the lead role. That’s why we have sought a court intervention,” said Mitrabhanu Mohanty, son of the late singer.

The filing of the civil suit has sparked a controversy over the legality of Smruti Tumhe. Odia monthly Cine Sansar’s editor, Murali Nayak, is of the opinion that there can be no poser for a film based on a character or personality.

“But permission from the late singer’s family becomes imperative if the film incorporates his personal or private life,” he added.

The civil suit filed before the court of the civil judge has expressed apprehension that the film would portray “the four lovers of Akshaya Mohanty”.

“The civil suit has been filed for infringement of the Copyright Act and damages worth Rs 10 lakh has been claimed,” Prabina’s counsel, Avijit Pal said. The court has issued notices and hearing on the plea for an interim injunction till disposal of the suit has been fixed for November 27. The regional office of the Central Board for Film Certification has also been made a party in the case.

“Making any film based on the autobiography of late Akshaya Mohanty without the permission of the copyright holder amounts to civil offence of infringement under the Copyright Act,” Pal said. But, an apparently unperturbed veteran film director, Mani said: “I have utmost reverence for the legendary singer whose character inspired me. But I am aware of the limits of creative freedom.”

“In fact my film is a trilogy of three stories set in spring, winter and monsoon. Shooting of the first story has been completed with Devyani from Mumbai in the female lead role. Shooting will be again taken up in winter and monsoon with Tanushree and Rashmi Gupta (both from Mumbai) respectively,” Mani said.

Veteran film maker Basant Sahu said: “Creative propriety necessitates permission from Akshaya Mohanty’s family to make a biopic on the celebrated singer who lives through his songs in the minds of Odia people.”

“The case of Smruti Tumhe is an apparent case of either creative impropriety or publicity stunt. Initially, it was projected in the media that the film is on the life of Mohanty. But now media reports indicate that the makers of the film have are now saying that the movie has nothing to do with the singing legend. It is nothing but a case of using the name of Akshaya Mohanty for publicity of the film, ”Sahu said.

Creative propriety necessitates permission and no objection on script from Akshaya Mohanty’s family to make a biopic on the celebrated singer”: Basant Sahu (veteran Odia filmmaker)

“Making any film based on the autobiography of the late Akshaya Mohanty without permission of the copyright holder amounts to civil offence of infringement under the Copyright Act”: Avijit Pal (Lawyer)

“There can be no poser for a film based on a character or personality, but permission from the late singer’s family becomes essential if the film incorporates his personal or private life”: Murali Nayak (editor of Cine Sansar, an Odia monthly)