Delhi HC rejected a plea to stay the release of "Trial by Fire" based on the 1997 Uphaar Cinema tragedy

The Delhi High Court has rejected a plea by Sushil Ansal, one of the owners of Uphaar Cinema, to stay the release of "Trial by Fire," a Netflix series based on the 1997 Uphaar Cinema tragedy in which 59 people died. Ansal had alleged that the show and the book it is based on defamed him and violated his right to privacy.

In its order, the Court noted that the show in question is yet to even stream and therefore it would be wholly inappropriate to grant injunctive relief before the show has been examined in its entirety. The judge also mentioned that the court must bear in mind that the web series is based on a book written by parents who had lost teenage children in the tragedy, and is a story that alleges a systemic failure and manifests a cry of anguish against the manner in which the incident was prosecuted and tried. The Court also noted that freedom of speech and expression and the right to information are fundamental rights under the Constitution and cannot be denied without a valid reason.

In his suit, Ansal stated that he has been punished both legally and socially for his association with the Uphaar tragedy and that his family had also suffered extensively. He argued that he had apologized to the victim's families for the tragedy and had expressed deep remorse, but ought not to be made perpetually liable to be rebuked by the public time and again, especially after having served his sentence. Ansal also argued that his portrayal in the trailer and teaser of the Netflix series has the propensity to cause further immense and irreparable harm to his reputation and right to life under Article 21 of the Constitution of India. He sought a permanent injunction against the series as well as the book on which it is based and also sought interim relief in the form of a stay on the release of the show.

According to Netflix's senior lawyer, Rajiv Nayar, Ansal sought an injunction based on statements in the book on which the film is based. He pointed out the disclaimer which states that the show is a work of fiction.

After considering the arguments, the judge said that prima facie, the court is not convinced to conclude that the narrative penned by the parents of the victims who lost their lives in the tragedy, could be said to be wholly fantastical or deprived of a semblance of the truth as conceived. The Court also said that it finds the assertion that Ansal came to know about the contents of the said work only on January 8, 2023, implausible. Therefore, the court dismissed the plea to stay the release of the show and allowed it to be streamed as planned.