Delhi HC issues notice, directs makers of movie 'Faraaz' to file reply

NEW DELHI: The Delhi High Court has issued notice and summon to filmmaker Hansal Mehta on a suit seeking a permanent and mandatory injunction and damages for restraining the defendants from releasing the movie 'Faraaz' made on the terrorist attack on July 1, 2016, in Holey Artisan, Dhaka, Bangladesh.

Justice Asha Menon said, "Issue summons in the suit and notice in the application to the defendants (Hansal Mehta and others) by all permissible modes returnable before the next date of hearing".

The Court listed the matter for further hearing on October 28, 2021. The Court was hearing a suit filed by Ruba Ahmed.

Senior Advocate Jayant K. Mehta, with lawyer Upender Thakur, Yatin Grover and Prateek Kumar appeared for plaintiffs.

This suit has been filed for a permanent and mandatory injunction and damages for restraining the defendants from releasing the movie 'FARAAZ' made on the terrorist attack on July 1, 2016, in Holey Artisan, Dhaka, Bangladesh which took the lives of many, including the plaintiffs' daughters on account of violation of their right to privacy and right to a Fair Trial under Articles 14 and 21 of the Constitution of India.

In respect of the application for interim relief, senior advocate Jayant K Mehta submitted that their main concern is that the movie should not portray the deceased daughters of the plaintiffs in a bad light and thus, for the present and at this stage, their prayers would not be to ban the screening of the movie but to only seek a preview of the movie to be assured that their daughters are not being shown in poor light.

The Court clarified that the summons shall indicate that the written statement to the suit and reply to the application be filed by the defendant(s) within one week from the date of receipt of the summons.

The defendant shall also file the affidavit of admission/denial of the document filed by the plaintiff, failing which the written statement shall not be taken on record, the Court said.

The court also said that the plaintiffs are at liberty to file replication to the written statement and rejoinder to the reply filed by the defendant before the next date of hearing following the filing of the written statement.

The replication shall be accompanied by the affidavit of admission/denial in respect of the documents filed by the defendants, failing which the replications shall not be taken on record, the court said.