HC refuses to stay release of movie on Malegaon blast, calls it work of fiction
Mumbai, Nov 14: The Bombay High Court on Thursday refused to stay the release of the movie ‘Match Fixing - The Nation at Stake’, based on the 2008 Malegaon blast, noting that it was a work of fiction.
A division bench of Justices B P Colabawalla and Somasekhar Sunderesan dismissed a petition filed by Lt Col Prasad Purohit, an accused in the case, seeking a stay on the film claiming that it would impact and influence the trial. Purohit’s lawyer said the movie projects “saffron terror”.
Purohit claimed that the movie, scheduled for release on November 15, tarnished his reputation.
The movie’s producer told the court it was a work of fiction based on a book already available in the market.
The producer also submitted the disclaimer that would be exhibited at the beginning of the movie which states that the film is a work of fiction and bears no resemblance to any person dead or alive.
After briefly hearing the arguments, the bench suggested certain minor changes to the disclaimer which the producer accepted.
“We do not think that the apprehension of the petitioner is well founded. The movie is based on fiction and hence there can be no apprehension that the trial, which is at the stage of final arguments, would get affected,” the court said.
“Entire apprehension of petitioner is wholly misconceived. Petition is dismissed,” it added.
The court also asked Purohit if he thinks judges in India get influenced by such movies.
“Are you really saying that a judge of the Indian judiciary is going to watch a movie and get influenced and forget evidence? When the book is not banned why should the film be banned? So the judge won’t get influenced by the book,” HC said.
Advocate Harish Pandya, appearing for Purohit, then sought the court to stay the release of the movie at least till after the Maharashtra assembly elections, scheduled to be held on November 20.
“Saffron terror is projected in the movie,” Pandya said.
The court, however, questioned what the movie had to do with the elections.
“No chance. We are not going to hold film producers at ransom only because of elections. What have elections got to do with this? The book is out since years,” HC said.
Meanwhile, another petition filed by one Nadim Khan, also against the movie on the grounds that it hurts the sentiments of Muslims, was withdrawn on Thursday.
Six people were killed and over 100 injured when an explosive device strapped to a motorcycle went off near a mosque in Malegaon, a town in north Maharashtra about 200 km from Mumbai, on September 29, 2008.
Purohit, former BJP MP Pragya Singh Thakur and five others are on trial under the Unlawful Activities (Prevention) Act (UAPA) and Indian Penal Code (IPC) for their alleged involvement in the blast conspiracy.
The case was initially probed by the Maharashtra Anti-Terrorism Squad (ATS) before being transferred to the National Investigation Agency in 2011.
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