Delhi HC allows businessman Sushil Ansal to withdraw suit challenging web series 'Trial By Fire'

New Delhi [India], April 17 : The Delhi High Court on Monday allowed real estate baron Sushil Ansal to withdraw a suit moved against the Web series 'Trial By Fire' based on the 1997 Uphaar Cinema tragedy.

Sushil Ansal was convicted in the 1997 Uphaar cinema fire case and had moved Delhi High Court with the prayer to restrain the release of said web series.

Earlier the Court had rejected the plea of Sushil Ansal seeking interim relief in the matter and a stay on release. As a result, the series streamed on Netflix on January 13, 2023.

The Bench of Justice Yashwant Varma on Monday informed the concerned counsel that he wishes to withdraw the suit filed in the matter, which was later allowed by the court.

Businessman Sushil Ansal, who was convicted in the Upahar Tragedy case, through suit also sought a permanent and mandatory injunction restraining the production company and others from releasing the limited web series titled 'Trial By Fire', on the OTT platform Netflix.

Appearing for plaintiff Sushil Ansal, Senior Advocate Siddharth Aggarwal had submitted that the plaintiff was held guilty under Section 304A of IPC i.e. 'causing death by negligence and not murder'. It is well settled that negligence excludes men's rea and therefore, to call the plaintiff a 'murderer' and a killer in the impugned book is grossly defamatory and wilfully false.

Senior Advocate Vikas Pahwa appeared for Upahar Tragedy Victims Association had opposed the suit and said when the book was published, an application was filed in the Apex Court that they shouldn't be allowed to travel abroad. Notice was issued to them and a reference of the book was in application.

Appearing for Netflix, Senior Advocate Rajiv Nayar had earlier submitted that the plaintiff is not entitled to any relief and the book, on which this web series is based, in the public domain since 2016 is being given a character of a picture. The concept of a book has been transformed into a film. On January 4, when the official trailer was released the plaintiff did not approach the court.

Netflix's series Trial By Fire was based on the bestselling book, Trial By Fire: The Tragic Tale of the Uphaar Fire Tragedy by Neelam Krishnamoorthy and Shekhar Krishnamoorthy Starring Rajshri Deshpande and Abhay Deol as Neelam and Shekhar in the series.

Ansal also sought restraint of further publication and circulation of the book titled 'Trial By Fire- The tragic tale of the Uphaar Tragedy' authored by Defendant(s) Neelam Krishnamoorthy and Shekhar Krishnamoorthy and published by Penguin Random House Ltd on which the Impugned Series is stated to be based.

The suit further stated that the Impugned Series is said to be based on true events pertaining to the tragic fire that took place on June 13, 1997, at Uphaar Cinema in Green Park, New Delhi ("said incident"). The official teaser/trailer for the impugned series was released on January 4, 2023, which shows direct references to the plaintiff herein and the dramatized role of the plaintiff in the said incident and its aftermath.

The portrayal of the plaintiff in the trailer and teaser of the impugned series has the propensity to cause further immense and irreparable harm to the plaintiff's (Sushil Ansal) reputation and his right to life under Article 21 of the Constitution of India.

Plaintiff stated that the release of the impugned series would lead to further prejudice and harm him and will be in grave breach of his fundamental rights, inter alia, to privacy as envisaged by the Constitution of India.

On January 4, 2023, the plaintiff and his family were shocked and perturbed to come across a trailer on the OTT platform of Netflix announcing the release of the Impugned Series titled 'Trial by Fire' starring prominent actors, produced by Endemol India Pvt Ltd and House of Talkies. The official trailer of the Impugned Series was released on January 4, 2023.

On June 13, 1997, a fire broke out in the erstwhile Uphaar Cinema at Green Park, New Delhi owing to which 59 people lost their lives and over 100 were injured. A fire had broken out at the Uphaar cinema during the screening of the Hindi film 'Border'.

Sushil Ansal along with his brother and several others were convicted by a court in a case related to the 1997 Uphaar cinema fire tragedy. Owners of the infamous Uphaar Cinema, Gopal and Sushil Ansal were sentenced to a year of prison after they were found guilty of causing deaths by negligence. However, the latter was pardoned due to his old age.