Thread by @barandbench

[Uphaar Tragedy] The Delhi High Court will hear today real-estate baron Sushil Ansal's plea seeking a stay on the release of upcoming Netflix series 'Trial By Fire'.
#DelhiHighCourt @netflix #UphaarTragedy #SushilAnsal

The series tells the story of the fire at Delhi's Uphaar Cinema in 1997 which led to death of nearly 60 people.
#DelhiHighCourt @netflix #UphaarTragedy #SushilAnsal

Ansal has said that series is defamatory and infringes on his right to privacy.
His plea seeks permanent injunction against both the Netflix series as well as the book that it is based on.
#DelhiHighCourt @netflix #UphaarTragedy #SushilAnsal

As an interim measure he has sought a stay on the release of the show.

The plea will be heard by J Yashwant Varma.
#DelhiHighCourt @netflix #UphaarTragedy #SushilAnsal

Adv for Ansal: Please consider the passages of the book which admittedly the movie is based on.

Court: You admitted that the book was published in 2015. Why should I look into it for temporary injunction?
#DelhiHighCourt @netflix #UphaarTragedy #SushilAnsal

Adv: This is the only indication of what will be seen in the movie

Justice Varma: Show us the teaser

#DelhiHighCourt @netflix #UphaarTragedy #SushilAnsal

Advocate reads paragraph from the book critiquing SC's judgment in the case

Justice Varma: The critique of the judgment could be a result of the anguish of parents. It has nothing to do with your claim of defamation.

#DelhiHighCourt @netflix #UphaarTragedy #SushilAnsal

Justice Varma : Whether it (the movie) is inaccurate, goes beyond artistic licenses, we have to see.

#DelhiHighCourt @netflix #UphaarTragedy #SushilAnsal

Adv: The characterisation (not as per public records) is immediately prejudicial...This is a situation where they call me out by name. That directly affects my reputation.

#DelhiHighCourt @netflix #UphaarTragedy #SushilAnsal

Adv: The only way to find out whether my fears are unfounded is the screening of the movie for your lordships to see.

#DelhiHighCourt @netflix #UphaarTragedy #SushilAnsal

...both, the teaser and the trailer, as well as the book, indicate clearly that this movie is about how I am a mass murderer and not what I've been found guilty of.

#DelhiHighCourt @netflix #UphaarTragedy #SushilAnsal

Advocate for Netflix: Injunction is sought on the basis of the statements of the book...The allegation is based on the book...Can we speculate what the film will be? Can we speculate in light of the disclaimer I've taken?

#DelhiHighCourt @netflix #UphaarTragedy #SushilAnsal

Senior Advocate Rajeev Nayar for Netflix cites four judgements where no injunction was granted based on a trailer and promo alone

#DelhiHighCourt @netflix #UphaarTragedy #SushilAnsal

Bench: The critique in public domain will also be in the manner in which the entire event and the trial went on.
Sr Adv Amit Sibal for Netflix Inc: Yes.
#DelhiHighCourt @netflix #UphaarTragedy #SushilAnsal

Sibal: This is clearly a matter of public interest. It was publically announced that a web series will be made and the book was published three years before the announcement.

Sibal: Plaintiff did not come to court against the book. He waited for the all these years for the series to be made.
J Varma: The book was published during the trial?
Sibal: Yes.
#DelhiHighCourt @netflix #UphaarTragedy #SushilAnsal

Sibal: There are two parallel proceeding that arose out of the Uphaar tragedy. One was causing death by negligence. that has attained finality. the other is tampering with evidence case.
#DelhiHighCourt @netflix #UphaarTragedy #SushilAnsal

Sibal: The subject matter of book is tragedy and who was responsible for this... It's from the perspective of the victims.
#DelhiHighCourt @netflix #UphaarTragedy #SushilAnsal

Sr Adv Vikas Pahwa now addresses the court.
#DelhiHighCourt @netflix #UphaarTragedy #SushilAnsal

Counsel appearing for @PenguinIndia refers to a story by @barandbench profiling the families of victims of the Uphaar Tragedy.
#DelhiHighCourt @netflix #UphaarTragedy #SushilAnsal

This is the story being referred.
barandbench.com/interviews/nee…

Senior Advocate Siddharth Aggarwal now making his rebuttal arguments for Sushil Ansal.
#DelhiHighCourt
@netflix
#UphaarTragedy #SushilAnsal

Aggarwal: They say this series is a work of fiction. If it is then what gives you the right to take my name and refer to real places as if they are real events... You take my name what else is there to say?

Aggarwal: To the extent it is based on public record, I have no problem.
Bench: They are saying it is not based on public record.

Aggarwal: If it is not, can it not amount to violation of my rights?
#DelhiHighCourt
@netflix

#UphaarTragedy #SushilAnsal

Aggarwal: I look at the teaser and the trailer is appears that the entire movie/series is about me.
#DelhiHighCourt
@netflix

#UphaarTragedy #SushilAnsal

Aggarwal: We have material to show what that movie shows, without looking at the movie there can't be certainty.
#DelhiHighCourt
@netflix

#UphaarTragedy #SushilAnsal

J Varma: Arguments heard. Order reserved.
#DelhiHighCourt
@netflix

#UphaarTragedy #SushilAnsal