Bombay HC Dismisses Ex-Union Carbide Employees' Plea Against Release Of ‘The Railway Men – The Untold Story of Bhopal 1984’
The Bombay High Court dismissed a plea to restrain the release of the Web Series ‘The Railway Men – The Untold Story of Bhopal 1984’.
Two ex-employees of the Union Carbide India Limited (UCIL) were seeking an interim injunction against the release of the said web series alleging that it defames them. However, the Court reiterated that those seeking an injunction against the release of a film or similar work must promptly approach the court, avoiding last-minute interventions.
“It is well settled that those seeking to injunct the release of a film or work of a like kind must necessarily approach the Court with expedition and not at the eleventh hour. It is also important to note that in the present case, the Appellants are seeking to stay the release of the web series not on the basis of any action in copyright etc. but solely on the ground that airing such web series could potentially cause grave prejudice to the Appellants in pending legal proceedings”, the Bench of Justice Arif S. Doctor observed.
Advocate Anirban Roy appeared for the Appellant and Advocate Bhavesh Parmar appeared for the Respondent (Yash Raj Films).
The Appellants, former employees of Union Carbide India Limited (UCIL), filed suits against the Respondent, a media production house, for producing a web series titled "The Railway Men – The Untold Story of Bhopal 1984," alleging that the series defames them. The Trial Court refused to grant ad-interim relief. Aggrieved, the Appellants approached the High Court.
The Appellants contended that the delay in approaching the Court regarding the release of a web series was not on their part. Despite the Respondent's initial announcement in 2021-2022, the release was postponed after the Appellants expressed their objections. However, on October 26, 2023, the Respondent announced a new release date of November 18, 2023.
The Court rejected the contentions, noting that the appellants were aware of the web series for a considerable period and had failed to act expeditiously. The Court noted that the established principle dictates that those seeking an injunction against the release of a film or similar work must promptly approach the court, avoiding last-minute interventions. The Court noted that the disclaimer preceding each episode of the series clearly states that it is a work of fiction inspired by real events.
Furthermore, the Court observed that the Appellants failed to establish a strong prima facie case of defamation. The Bench noted that the Bhopal gas tragedy has been extensively covered in the public domain and that the Acannot claim a right to prevent any discussion of the incident.
Additionally, the Court rejected the Appellants' demand for a pre-screening of the web series, stating that this was an untenable request for a work of fiction. The Court emphasized that the Appellants have legal remedies if they feel aggrieved by the web series after its release.
Accordingly, the Court dismissed the Appeal.
Cause Title: Satya Prakash Choudhry v Yash Raj Films Private Limited (2023:BHC-AS:35008)
