Bombay High Court refuses to stay release of web series 'The Railway Men - Untold Story of Bhopal 1984'

The Bombay High Court recently refused to stay the release of a Hindi web series "The Railway Men – The Untold Story of Bhopal 1984", which is slated to come out on November 18, 2023. [Satya Prakash Choudhry v. Yash Raj Films & Ors].A vacation bench of single judge Justice Arif Doctor has upheld orders of the Mumbai city civil court, which had earlier refused to stay the release on the series. Two appeals had been filed against the Mumbai court's decision by two former employees of Union Carbide India Limited (UCIL) who had been convicted in the criminal proceedings arising from the Bhopal gas leak incident of 1984.The convicts had sought a stay on the release of the show on the ground that the web series would adversely prejudice them in any legal proceedings challenging their conviction. .The High Court, however, was not convinced with this submission. It noted that the release of the web series had been announced by the producers, Yash Raj Films, as far back as in November 25, 2022. The Court further noted that the broadcast of the series would contain a disclaimer that it is a "work of fiction" that was inspired by real events. ."The entire premise for seeking a stay of the release of the said web series is the same may adversely affect the Appellants’ legal proceedings. This is prima facie untenable for three reasons, (a) that the Appellant already stand convicted in connection with the Bhopal Gas Tragedy (b) the Trial having come to an end in the year 2010, the contents of the trial and judgement were available in the public domain and (c) counsel for YRF has produced the disclaimer which will precede the airing of each episode which specifically caveats 'This series is a work of fiction, inspired by real events'. Given this, I find that the Appellants have, in my view at this stage, not satisfied the very high threshold test required to stay the release of the said web series" the Court held, in its November 15 order..The appellants had also demanded a pre-screening of the series to find out if there was anything prejudicial to their interest. However, the judge refused to entertain this request as well, since the makers of the web series did not claim to have made either a documentary or narration of true facts."The right to the Appellants to have pre-screening of a fictional work belonging exclusively to the Respondent is indeed untenable. In the event the Appellant is in any manner aggrieved by the web series or feels defamed etc, after it is aired the Appellants have their remedies in law to seek damages etc.," the Court observed, before dismissing their appeal. .Advocates Anirban Roy, Bhavesh Parmar, Ratnarani Roy, Rahul Gaikwad, Aman Jhawar and Reshma Nari briefed by Gravitas Legal appeared for the two appellants. Advocates Abhishekh Malhotra, Sapna Chaurasia and Darshit Jain briefed by TMT Law Practice appeared for YRF Pvt Ltd. .[Read order]