The Delhi High Court today has adjourned its hearing in a suit filed by families of two victims, Tarishi Jain and Abinta Kabir, died in the 2016 Dhaka terrorist attack, against the release of the film Faraaz based on the 7/16 Bangladesh Attack.
The matter was listed before single judge bench led by Justice Asha Menon for hearing on an interim application filed by plaintiffs in which, they have sought some clarification and modification in the previous order passed by the Delhi High Court. The Delhi High Court had already issued notice to the makers of the movie “FARAAZ”.
The High Court in its order dated 12.10.2021, had recorded, “…5. In respect of the application for interim relief, Mr. Jayant K. Mehta, learned senior counsel for the plaintiffs submits that their main concern is that the movie should not portray the deceased daughters of the plaintiffs in 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 Plaintiffs by way of an application has sought the modification of the words “Bad Light” or “Poor Light” and submitted that those were not used by the Senior Counsel appearing for the plaintiffs and ex facie, the same are incorporated in the aforesaid order because of either typographical error or clerical mistake
The Delhi High Court made it clears in no uncertain terms that it will be in the interest of all the parties to go for amicable resolution.
While the Counsel for the Defendants was appearing to seek clear one week time to file their reply/written statement, the Court after hearing the Plaintiffs through Advocate Upender Thakur, assisted by Advocate Yatin Grover, enquired about the Defendant’s instructions for the matter. Since, the Counsel was not in a position to give any definite answer to the query of the Court, the Court expressed its displeasure on the conduct of the Defendants and orally observed as under:-
“There are certain things that you can do with some finesse & grace. People are no longer in this world; you don’t want to even regard that. I don’t know why these kinds of battles should come to the Court.
If somebody has a problem – you have to only just – Okay we will show it (movie) to you and we will say this is what it is. If you don’t want to do it, it means you have got something to hide”
The Counsel for the Defendants insisted on taking instructions and responding on the date already fixed i.e. 28th October, 2021.
The Court finally ordered as under;
“After some submissions, the Ld Counsel for the Plaintiff does not press the IA and the same is dismissed as not pressed. Ld. Counsel for Defendants seeks clear one week time to file WS and replies. However, at this stage the Court has a query – whether the matter cannot be resolved amicably in the best interest of the parties. Ld. Counsel submits that he needs to seek instructions. List on the date already fixed on 28th October, 2021.”
The matter will be further heard on 28th October, 2021.
The plaintiffs were represented by Advocate Upender Thakur, assisted by Advocate Yatin Grover.