India News | Delhi HC Refuses to Stay Release of Hansal Mehta's Film 'Faraaz'

New Delhi, Oct 14 (PTI) The Delhi High Court on Friday dismissed a plea seeking an interim stay on the release of Hansal Mehta's 'Faraaz' which is based on the 2016 terrorist attack in Dhaka, Bangladesh.

The court, while dealing with an application by the mothers of two victims of the attack on Holey Artisan cafe, also vacated its earlier order staying the screening of the film.

Also Read | Political Blame Game Starts over Cracks in Houses at #Kolkata’s #Bowbazar Read: – Latest Tweet by IANS India.

The application formed part of a lawsuit by the two mothers against director Mehta and others over the release of the film.

The plaintiffs sought to restrain the release of the film on the ground that it may depict their daughters in "bad light", which would not only make them revisit their trauma but also violate the right to privacy of the deceased and cause defamation.

Also Read | World Sight Day 2022: Unique Blind Walk in Chandigarh To Support Eye Donation.

Justice Neena Bansal Krishna opined that in the present case, "the balance of convenience lies in favour of the defendants" while noting that "much has already been spent in making of the movie".

"The plaintiffs are, therefore, not entitled to injunction. The interim stay order stands vacated. The application is hereby dismissed," the court stated.

"The balance of convenience lies in favour of the defendants with the right to seek damages in case any violation of right of the plaintiff is established on screening of the movie," added the court as it directed that the lawsuit be listed next on November 24.

In its 33- page order, the court observed that the right to privacy of the deceased is not inheritable by their mothers.

It further stated that the plaintiffs have also not been able to make out any case for their "right to be left alone" and the "disclaimer" prima facie takes care of their concerns.

"The right of privacy which is agitated by the plaintiffs is that of the two daughters who have admittedly died in the attack…Right to Privacy is essentially is a right in personam and is not inheritable by the mothers/ legal heirs of the deceased persons,”" said the court.

"The 'right to be left alone', undoubtedly, is an aspect of right to privacy, but it can also operate within its limits and in the given circumstances, it cannot be termed as a right to be left alone especially when the two plaintiffs get barely any mention in the entire movie. The plaintiffs have not been able to make out any case of 'being left alone' once breach of privacy itself has not been established," it added.

The court also observed that although the plaintiffs pleaded the right to fair trial, they did "not explain as to whose right to fair trial has been claimed and in what manner would the movie impact the right of fair trial of any of the stakeholder".

As far as defamation was concerned, the court stated, it is "not preemptive in nature" and cannot be asserted without watching the movie.

While seeking interim stay on release, the plaintiff's submitted before the court that the defendants have informed the public at large that the movie is based on true-life events and there was a reasonable apprehension that it was created to show Faraaz Ayaaz Hossain as a "protagonist or something of the attack" and if such depiction is made, it shall be completely false.

The defendants, on the other hand, stated that the incident has been extensively covered in global media and there is material available in public domain revealing intricate details of the attack, including the identities of the victims.

Asserting their right to freedom of speech and expression and trade, the defendants told the court that the movie is a fictional work and not about the daughters of the plaintiffs and depicts the attack with utmost sensitivity.

The attack was carried out by five gunmen on the evening of 1 July 2016 when they stormed the Holey Artisan cafe in Dhaka, killing 22 people, mostly foreigners.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)