HC reserves verdict on plea seeking stay of web series on Uphaar tragedy

Ansal, 83, had approached the court on Tuesday, saying he has been “punished both legally and socially”, and the January 13 release of the series on Netflix would cause “irreparable harm” to his reputation and breach his right to privacy.

The Delhi high court on Wednesday reserved its decision on a lawsuit filed by real estate baron Sushil Ansal, seeking to restrain the release of the web series Trial by Fire, which is said to be based on the June 13, 1997 Uphaar cinema fire in which 59 people were killed.

The court heard lengthy arguments from Netflix, Endemol and House of Talkies (the producers of the web series), and Ansal before reserving its order. (File)

Ansal, 83, had approached the court on Tuesday, saying he has been “punished both legally and socially”, and the January 13 release of the series on Netflix would cause “irreparable harm” to his reputation and breach his right to privacy.

The lawsuit also seeks to restrain the circulation and publication of a book on which the web series is based, titled Trial by Fire- The Tragic Tale of the Uphaar Tragedy, authored by Neelam Krishnamoorthy and her husband Shekhar Krishnamoorthy who lost their two children in the fire.

During the hearing on Wednesday, as senior advocate Siddharth Aggarwal for Ansal contended that the book belies the court’s observations, decision and even the allegations against the plaintiff (Sushil Ansal), justice Yashwant Varma remarked that mere critique of a judgment could be result of the anguish of parents and it has nothing to do with his claim of defamation.

The court heard lengthy arguments from Netflix, Endemol and House of Talkies (the producers of the web series), and Ansal before reserving its order.

Appearing for Ansal, his counsel contended that the petitioner has already suffered a lot during the last so many years and even after that he is being called a ‘murderer’ and a ‘mass murderer’. He said that his name has been taken thrice in the trailer, thus harming his reputation.

“This web series is going to be a mischaracterisation of me, the process and the system. We still have 36 hours till the movie is made public. I request this court to watch the movie before its release… You take my name. I cannot say more than this. This disclaimer, in my humble case, is the death knell to the case of the publisher,” the lawyer said.

The counsel argued that he only got to know about the web series from its official trailer release on January 4, adding that he was shocked to know that a series claiming to be based on ‘true facts’ used his real name and depicted him in a vilified manner.

However, this contention was opposed by senior advocate Rajiv Nayar, for Netflix Entertainment Services India LLP, who argued that the book has been in public domain since 2016. He said in December 2019, there were news reports that a web series is being created on this book and even the teaser was released on January 4, but the plaintiff has approached the high court only on January 10. “Something which has been in the public domain for the last six years is being raised now,” Nayar contended.

Senior advocate Sandeep Sethi, for Endemol India Pvt Ltd and House of Talkies, said people have a right to know what had happened in the incident, and that this is a story of two parents.

Senior advocate Vikas Pahwa, representing the couple, said the book is not about Ansals, it is about the whole trial that took place in the case.

“When the book was published, an application was filed in the Supreme Court that Ansals should not be allowed to travel abroad and notice was issued to them and reference of the book was also there in the plea…. This was reported by the media. How can they now say that they do not have knowledge of the book? This is very unfortunate,” Pahwa contended.

In 2017, the Supreme Court had directed Ansal and his younger brother Gopal Ansal (74) to pay a fine of ₹30 crore each. The top court then released the brothers, taking into account the period they had spent in jail.