Bombay High Court rejects plea by Lt. Colonel Purohit to stay release of movie on 2008 Malegaon blasts
The Bombay High Court on Wednesday dismissed a plea seeking a stay on release of the movie Matchfixing- The Nation is at Stake, a film inspired by the 2008 Malegaon blast case.
The film's portrayal of the blast and the events that ensued was challenged by Lt. Colonel Prasad Purohit, one of the accused in the case, who argued that it could harm his reputation and career.
Another petition filed by Nadim Khan, who claimed the film hurt the religious sentiments of Muslims, was withdrawn after the Central Board of Film Certification (CBFC) represented by advocate Deepak Shukla confirmed that certain objectionable parts had already been removed during certification.
The Bench consisting of Justice BP Colabawalla and Justice Somasekhar Sundaresan dismissed Purohit's petition.
With this, the film will release on the November 15 as scheduled.
Purohit had argued that the film’s release violated a 2019 media gag order imposed by a special NIA court which barred media from reporting about the case to maintain the integrity of the trial.
He contended that the same restrictions should apply to the movie since it could influence public opinion and interfere with the ongoing trial.
However, the movie’s producers, represented by advocate Adithya Iyer, countered that the gag order was issued when the trial had not yet begun and was directed only at media outlets.
The producers argued that as third-party filmmakers, they were not bound by the order. Iyer further argued that the film is based on a fictional book, 'The Game Behind Saffron Terror' and that the movie includes a disclaimer stating that it is purely fictional and has no connection to real-life events.
When Purohit's counsel suggested that the release should be stayed to protect the independence of trial, the Court questioned whether Purohit truly believed that judges would be swayed by a movie.
“Are you really saying that a judge of the Indian judiciary is going to watch a movie and get influenced and forget evidence?” the bench asked.
The Court also rejected Purohit's argument that the case resembled the 2004 Black Friday movie case where the film based on the 1993 Mumbai bombings was temporarily withheld due to its portrayal of events during an ongoing trial.
The bench noted that the Black Friday film depicted events as true and was based on books that reflected the prosecution's narrative.
In contrast, the movie Match fixing is fictional and its producers have made clear that it was not meant to represent real events, the Court said.
While the court acknowledged Purohit's concern regarding the film's trailer which invites viewers to "discover the truth," it ultimately dismissed the petition on the ground that the film is a work of fiction and would not affect the ongoing trial.
“We do not think that the apprehension of the petitioner is well-founded,” the Court said explaining that the movie’s fictional nature would not interfere with the final arguments in the trial.
Purohit's counsel, Dhrutiman Joshi, urged the Court to ensure that the film's promotional material made it clear that the movie was fictional. However, the Court dismissed this suggestion.
The Malegaon blast case, in which six people were killed and over 100 were injured in a bombing near a mosque on September 29, 2008, is currently at the final argument stage.
Purohit, BJP MP Pragya Singh Thakur and five others are facing charges under the Unlawful Activities (Prevention) Act (UAPA) and Indian Penal Code (IPC) for their alleged involvement in the blast conspiracy.
The case, originally investigated by the Maharashtra Anti-Terrorism Squad (ATS), was transferred to the National Investigation Agency (NIA) in 2011.