Bombay HC refuses to stay web series release, says details of Bhopal gas tragedy in public domain

Bombay High Court. File Pic

The Bombay High Court, according to a PTI report, has declined to halt the release of the web series 'The Railway Men- The Untold Story of Bhopal 1984' and asserted that the details pertaining to the Bhopal gas tragedy were already in the public domain.

The report stated that a vacation bench presided over by Justice Arif Doctor dismissed petitions filed by two former employees of Union Carbide India Limited (UCIL) on November 15 expressing concerns that the series might prejudice them due to its portrayal of events leading up to the tragedy.

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The petitioners--Satya Prakash Choudhary and J Mukund--both held prominent positions in UCIL and were convicted in the case. They filed appeals against their conviction which are presently pending.

According to the report, HC, in its refusal to halt the release of the series remarked that the petitioners had failed to establish a strong prima facie case which asserted that parts of the content of the show were defamatory and slanderous. It further noted that the tragic Bhopal Gas incident garnered national and international attention and extensive coverage of the same is available in various media formats in the public domain.

The court, while dismissing the injunction plea, also noted that the web series wasn't a factual documentary but rather claimed to be inspired by true events widely known in the public domain. Additionally, the court highlighted that the petitioners' conviction and trial proceedings were already accessible to the public since 2010.

"It cannot be disputed that the Bhopal gas tragedy was a most terrible and unfortunate event which made headlines and continued to remain in the news not only nationally but internationally for several years," the court said and added, "The gas leak and the events surrounding it have been discussed and examined over the years, and they form the basis of several documentaries, movies, books and so on, which are available in the public domain."

Reportedly, the makers of the series, Yash Raj Films Private Limited, contended that the objections raised by the petitioners were baseless. They clarified that the series did not name, identify, or blame the petitioners for the gas leak. The series, set for release on November 18, carries a disclaimer stating it is a work of fiction inspired by real events.

The 1984 Bhopal gas tragedy resulted in the loss of over 3,000 lives and left a lasting impact on countless individuals, also causing significant environmental damage.