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Synopsis

The Bombay High Court has dismissed the petition filed by the Central Bureau of Investigation (CBI) seeking to block the release of the docuseries titled 'The Indrani Mukerjea Story: Buried Truth.'

The division bench, consisting of Justice Revati Mohite Dere and Justice Manjusha Deshpande, stated that after watching the docuseries, they found nothing prejudicial against the prosecution in its content.

“We didn't think there was anything. We initially thought there may be something and hence we also saw the docuseries. Public perception is the least of our concerns. What even she (Indrani) has said, everything is in the public domain. Honestly, we have not found anything that goes against the prosecution. We felt that you had a genuine apprehension and, therefore, we gave you the opportunity to view the series and we did not even let the other party argue on that day,” the court said.

The CBI approached the high court after the Special CBI Court in Mumbai declined to halt the release, citing a lack of jurisdiction.

Earlier, the high court had asked Netflix to conduct a special screening for judges, lawyers, and investigating officers before releasing the docuseries on OTT.

Additional Solicitor General Devang Vyas, representing the CBI, argued that the series attempts to shape public perception.

“Personally… I feel that it prejudicially affects the administration of justice and is affecting fair trial. Second, when I say the administration of justice, it includes the rights of all accused….you may consider the broader argument of whether it affects the fairness of the trial, the life of witnesses, and the people examined. The third is the entire process, the way it seeks to build the perception of a trial that is ongoing. After public perception witnesses are to be examined..,” Vyas said.

Senior Advocate Ravi Kadam argued that when balancing the rights of the media and the rights of the accused, the consideration which is given to is towards the accused, not the prosecution.

During the proceedings, the bench acknowledged the existence of four books and two movies already in the public domain related to the case.

The bench concluded nothing prejudicial against the CBI and dismissed the petition.

Within 30 minutes of the high court order, the docuseries on Indrani Mukherjea who is the prime accused in Sheena Bora Murder Case was released on Netflix.

Case title: CBI vs Netflix India & Ors