Bombay High Court Refuses to Stay Release of Web Series Inspired by Bhopal Gas Tragedy on Plea By Former Employees of Union Carbide

The Bombay High Court refused to stay the OTT release of web series “The Railway Men – The Untold Story of Bhopal 1984,” inspired by events around the Bhopal Gas Tragedy and dismissed appeals filed by two convicts, erstwhile employees of Union Carbide India Private Ltd.The duo approached the High Court in two separate petitions against orders of the City Civil Court refusing ad-interim relief. They sought a pre-screening of the web series citing certain factual errors in the trailer and a stay on the release. The court observed there was a disclaimer at the beginning of the film stating it was a “work of fiction” and only ‘inspired’ by the tragedy, moreover events of the gas leak have been discussed and analysed nationally and internationally. Further there was a delay in approaching the court late. “It cannot be disputed that the Bhopal Gas Tragedy was a most terrible and unfortunate event which made headlines and continued to remain in the news not only Nationally but also Internationally for several years. The gas leak and the events that surrounded it have been discussed and examined over the years and form the basis of a host of material which includes documentaries, books, article, films, videos etc. all of which are in the public domain. Hence even assuming that the web series touches upon this aspect in passing, the Appellants can have no right to an injunction staying the release of the web series on this count.”On December 2, 1984, 45 tons of lethal methyl isocyanate gas escaped from US based Union Carbide’s subsidiary in Bhopal killing over 3,500 people within days and at least 15,000 people over the years. Investigations found that sub-standard operating and safety procedures at the understaffed plant led to the catastrophe. The petitioners before the HC were - Satya Prakash Choudhry, then in-charge of the MIC Plant as Production Manager of UICL, while J. Mukund was then in-charge of the Pesticides Factory as Works Manager of UICL.They approached the High Court after the City Civil Court refused ad interim relief on grounds of delay and that the appellants would be entitled to damages. Advocate Bhavesh Parmar along with Advocates Reshma Nair and Rahul Gaikwad appeared for Mukund, while Advocate Anirban Roy along with Advocates Ratnarani Roy and Aman Jhawar argued for Choudhry. They submitted that there was no delay in approaching the court as after the first release date was announced in 2021, there were a series of communications and legal notices exchanged between the parties and the series didn’t release in December 2022 as was originally announced. Therefore, no prejudice would be caused to the production house if a stay was granted. They claimed to have approached the City Civil Court the moment the trailer was released. The petitioners argued that in absence of regulatory mechanism, they ought to be allowed at least a pre-screening of the film owing to its impact on their pending appeals against conviction. Moreover, the production house had impressed upon them that the movie was only about the unsung heroes, not so much about the causes of the gas tragedy. Advocate Malhotra for the production house opposed relief and submitted the series was a work of fiction inspired by true events and there was a disclaimer at the beginning of the web series. He cited the December 2021 project announcement as well to point out a delay in approaching the court. The counsel argued that out of 240 mins only 10 min was dedicated to the gas leak. The petitioners were also convicted in 2010 for their role in the gas leak. The bench was of the view that there was a delay in approaching court and the absence of a compelling case of prima facie defamation. The petitioners were seeking a stay solely on the ground that airing it could potentially cause grave damage, the court noted. The court disallowed pre-screening on the grounds that the web series is “a work of fiction, inspired by real events.” “The web series is neither a documentary or narration of true facts. It is simply stated to be inspired by true events which I have noted above, are all in the public domain. The right to the Appellants to have pre-screening of a fictional work belonging exclusively to the Respondent is indeed untenable,” the court said. The contention that legal proceedings would be affected adversely was untenable for three reasons the bench said, (a) the Appellants already stand convicted in connection with the Bhopal Gas Tragedy (b) the Trial having come to an end in the year 2010, the contents of the trial and judgement were available in the public domain and (c) there is a disclaimer in the film. The series produced by Yash Raj Films is set for release on November 18, 2023. Case No- APPEAL FROM ORDER NO.937 OF 2023Case Title - Satya Prakash Choudhry vs Yash Raj Films Pvt LtdClick Here To Read/Download Order

Bombay High Court Refuses to Stay Release of Web Series Inspired by Bhopal Gas Tragedy on Plea By Former Employees of Union Carbide

Sharmeen Hakim

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