Delhi HC refuses to grant stay on release of movie 'Faraaz'
Oct 14, 2022
New Delhi [India], October 14 : The Delhi High Court on Friday refused to grant a stay on the release of the movie 'Faraaz' observing that there is no prima facie case and no personal loss to the plaintiff.
The movie is based on the terror attack of 2016 in Bangladesh in which the daughters of the plaintiffs were killed. The court has also vacated the interim stay granted earlier.
Justice Nina Bansal Krishna said, "The plaintiffs have not been able to establish any of the three limbs i.e. prima facie case, the balance of convenience or irreparable loss or injury in their favour. The plaintiffs are, therefore, not entitled to an injunction."
The interim stay order stands vacated. The application is hereby dismissed, the court ordered on Friday.
The bench has listed the matter before the learned Joint Registrar for completion of
pleadings on other applications on November 24, 2022. In the meanwhile, proposed issues to be filed by the parties, the court said.
An application was filed for ad-interim injunction for restraining the defendants from releasing the movie "Faraaz" in any manner whatsoever, amounting to infringement of the plaintiff's fundamental right to privacy and fair trial.
The plaintiffs have also sought a direction to restrain the defendants Hansal Mehta and others from using the plaintiff's daughter's name and also the name of their best friend Faraaz and their image, caricature, lifestyle or likeness in the forthcoming movie "Faraaz" in any manner.
It was also sought to direct the defendant to remove all references, press releases, videos, posters, advertisements, content or publicity material containing the names of the daughter of the plaintiffs and also names of their best friend Faraaz and their image, caricature, lifestyle, likeness from all websites, television channel, newspapers, social media and or other modes of advertisements and promotion in any other mode of electronic or print media in respect of forthcoming movie "Faraaz" amounting to infringement of plaintiffs right to privacy and fair trial; and in the alternative direction is sought to be issued to the defendants to hold a pre-screening before the court of law in the presence of the plaintiffs and their representatives to ascertain the infringing content in the movie.
The application was filed by the mother of one Abinta Kabir, who is also the co-founder and General Secretary of the Foundation Abinta Kabir which has been created in memory of her daughter.
Another plaintiff is the mother of one Tarishi Jain, who is also the co-founder and Chairman of Live Life Like Tarishi Foundation, which has been created in memory of Tarishi Jain.
It was stated that both Abinta Kabir and Tarishi Jain lost their lives in the Holey Artisan (Dhaka, Bangladesh) Terrorist Attack on July 1, 2016.
The defendants have produced a movie by the name of "Faraaz" to which an objection has been taken by the plaintiffs on the ground that it may depict the daughters of the plaintiffs in a bad light in relation to the Terrorist Attack on July 1, 2016, which would be difficult for the plaintiffs as they would have to revisit the traumatic incident all over again.
It was also submitted that In several interviews, the defendants have informed the public at large that the movie is being made on true-life events and it is also mentioned in the news articles that "FARAAZ" stood up for the lives of his two friends - Abinta Kabir and Tarishi Jain and refused to leave his friends. He could not save himself; he could not save them either.
