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Delhi HC refuses to grant an interim stay on release of web series based on Uphaar tragedy, ‘Trial By Fire’

 

New Delhi: The Delhi High Court refused on Thursday, to grant an interim stay in a suit moved by Real Estate baron Sushil Ansal against the upcoming Web series ‘Trial By Fire’ based on the 1997 Uphaar Cinema tragedy. The Bench of Justice Yashwant Varma rejected the plea of Real-Estate Baron Sushil Ansal for Ad-Interim relief in the matter.

Businessman Sushil Ansal, who was convicted in the Upahar Tragedy case, through a suit also sought a permanent and mandatory injunction restraining the Production company and others from releasing the limited web series titled ‘Trial By Fire’ which is slated for release on January 13, 2023, on the OTT platform of Netflix. Netflix’s upcoming series Trial By Fire is based on the bestselling book, Trial By Fire: The Tragic Tale of the Uphaar Fire Tragedy written by Neelam Krishnamoorthy and Shekhar Krishnamoorthy. Series stars Rajshri Deshpande and Abhay Deol as the authors Neelam and Shekhar.

Appearing for Plaintiff Sushil Ansal’s senior Advocate Siddharth Aggarwal submitted that he (Sushil Ansal) was held guilty under Section 304A of IPC i.e. Causing death by Negligence and not murder. It is well settled that negligence excludes mens rea and therefore, to call Ansal, a ‘murderer’ and a killer in the ‘Impugned series.’

‘Book is grossly defamatory and wilfully false’, Advocate Siddharth Aggarwal said. Senior Advocate Vikas Pahwa appeared for Upahar Tragedy Victims Association opposed the suit and said, ‘When the book was published, an application was filed in the Apex Court that they shouldn’t be allowed to travel abroad. Notice was issued to them and reference of the book was in application’.

 

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