'Mere Conjecture': Kerala High Court Declines For Now Koodathayi Murders Accused Jolly Joseph's Plea To Halt Jio Hotstar Series 'Anali'
The Kerala High Court on Thursday (December 18) issued notice on a plea moved by Koodathayi murder accused Jollyamma Joseph @ Jolly against Jio Hotstar's Malayalam web series 'Anali'.
Jolly is accused of murdering six of her family members, including her first husband Roy Thomas, using cyanide, with the motive to take control of the family property. Her trial is under progress before the Additional District Court (Special Court for Trial for Maradu Cases), Kozhikode.
"The release of a dramatized web-series relating to a sub judice criminal proceeding causes grave prejudice, leads to trial by media, and results in a serious miscarriage of justice, irreparably damaging the dignity, reputation, and character of the Petitioner and her family members. It is respectfully further submitting that such content has the potential to influence witnesses, distort their testimony, exert indirect pressure upon them, and create preconceived notions in the minds of the general public, thereby undermining the sanctity of a fair and impartial trial. It is respectfully submitted that the release, or even the attempted release, of the impugned web-series—whether in full or in the form of promotional material—during the pendency of the criminal trial, constitutes a direct and indirect interference with the administration of justice and an attempt to influence the judicial process," states Jolly plea.
It is further stated that based on Jolly's telephonic instructions, a legal notice was sent via email to JioHotstar asking it to refrain from releasing the web series until conclusion of Jolly's trial.
The plea also states that a representation was made to the CBFC to censor the webseries. However, no action has been taken on these.
Thus, Jolly has sought a direction against JioHotstar to refrain from releasing the series on the platform. As an interim relief, a stay on the release is prayed for. She has prayed for censoring of the series by the CBFC as well.
When the matter came for consideration today, Justice V.G. Arun refused to stay the release of the webseries. The judge orally remarked,
"There is nothing concrete except teaser where the story has some similarity to the issue...It has not been telecasted till date. I'm not going to stay it now. Merely surmises and conjectures...See, there is a question of artistic freedom also. Where is the complete prohibition against taking a cue from something which has really happened? How many cinemas have we come across? Right from Sukumara Kurup onwards. But then you have a case because it is pending trial. That is right. Cases are not decided based on cinemas, is it?"
The Court admitted the plea and issued notice to the respondents. It also asked Jolly's counsel to implead the central government as a party respondent. The Deputy Solicitor General of India (DSGI) took notice on behalf of Central Board of Film Certification (CBFC) and the Ministry of and the Government Pleader took notice for the State.
Midhun Manuel Thomas, who is the director of the web series, is arrayed as the 5th respondent. Notice is ordered to him via special messenger.
The Court also permitted notice to be taken via email to the 1st respondent JioHotstar, which is the publisher of the series.
The case is next posted on January 15.
Case No: WP(C) 47510/ 2025
Case Title: Jollyamma Joseph @ Jolly v. Jio Hotstar and Ors.