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Synopsis

The Delhi High Court on Wednesday reserved orders on a plea filed by Sushil Ansal, Chairman of the Ansal API Group, seeking a stay on the release of Netflix Series titled "Trial by Fire- The tragic tale of the Uphaar Tragedy", a series based on the 1997 Uphaar Cinema tragedy.

A bench of Justice Yashwant Varma was hearing a plea against the Netflix series "Trial by Fire", which is set to be released on January 13, alleging that "the official teaser/trailer for the series shows direct references to Sushil Ansal and the dramatized role of Ansal in the said incident and its aftermath".

Senior Counsel appearing for Ansal submitted that the case, which is an original case of 1997 that resulted in the death of 59 people, Ansal has been tried and convicted for it. "Ansal has been found guilty of the Indian Penal Code, section 304 (culpable homicide) and has undergone imprisonment. However, the series shows that Ansal is a mass murderer", the counsel added.

Justice Varma also perused the trailer of the "Trial by Fire" series, wherein Ansal alleged that his name has been called out.

Senior counsel appearing for Ansal while referring to the book on which the series has relied, submitted that "the book says that Ansal is a mass murderer for which I have never been tried and I have never been convicted. The trailer video has 1.5 million views, imagine the impact on the characterization of the person."

Additionally, the senior counsel also informed the bench that "they say that Ansal never apologized, however, Ansal stood up in the Supreme Court and apologized with folded hands, it's there in the order".

He also submitted, "the petitioner does take the point that today none of us know what is in the movie, this movie is going to be a mischaracterization of Ansal and the judgment. There is a genuine apprehension. This movie is about how Ansal is a mass murderer and not what he has been convicted for."

On the other hand, Senior counsel appearing for Netflix submitted that there is a disclaimer stating that the characters are fictional and the book is being given a basis for the fiction. Netflix doesn't know whether it is this Sushil Bansal or another, he claimed.

It was also submitted that the injunction has been sought based on the statements in the book. "Can we speculate what the film will be?" he added.

Another senior counsel appearing for the respondent showed as to how the stay on release will not be in the public interest. He argued that this was the ghastliest incident, and 59 young lives were taken. "People have the right to know. This is a story of 2 parents. People deserve to know", he said.

Senior Advocate Vikas Pahwa appearing for the parents submitted that Ansal has suppressed the fact that he didn't know about the book. Additionally, the counsel appearing for the publisher of the book, Penguin Books, submitted that when the book was published, there were reviews in several newspapers, including the Hindu, etc.

In response to the above, senior counsel for Ansal argued that Penguin Books is correct in saying that the book is the version of the victim's parents, but the movie says that it has been made based on true events.

After hearing the arguments of all the parties, the bench reserved orders over the issue of an ad-interim injunction.

It may be noted that the plea has alleged that the portrayal of Ansal in the trailer and teaser of the "Trial by Fire" series has caused and has the propensity to cause further immense and irreparable harm to Ansal's reputation and his right to life under Article 21 of the Constitution of India.

Case Title: Sushil Ansal Vs. Endemol India Pvt Ltd. & Ors.