FLOWERS T.V. Vs. MOHAMMED

JUDGEMENT

(1.) Instant writ appeal is filed against the interim order dated 22.01.2020 in W.P.(C) No.28355 of 2015 and its consequent extension orders, by which the writ court granted the interim relief sought for by the writ petitioner, and issued an order prohibiting telecast of TV serial viz., "Koodathai : The Game of Death", by respondents 4 to 6/appellants herein, for a period of two weeks.

(2.) Short facts leading to the appeal are that, respondent No.1/writ petitioner is the managing partner of a firm engaged in the manufacturing of soaps and toiletries, having its factories outside the State of Kerala. The office of the said company is at Koduvally, Kozhikode District. On 11.10.2019, Kodencherry Police Station has registered Crime Nos.332/2019, 333/2019, 334/2019 and 335 of 2019 against one Ms. Joliyamma Joseph and others for murdering three persons viz., Annamma, Tom Thomas, Mathew Manjadiyil and Alphine, residing at Ponnamattam, Koodathai (hereinafter referred as Koodathayi murder case). Writ petitioner and his mother are important witnesses in the said murder case. After completion of investigation, final report was laid in the murder case, the investigating officer concerned has questioned the writ petitioner and his mother and they have disclosed the true facts before the police.

(3.) It is further stated that M/s. Flowers TV, Suryansh Broadcasting Private Ltd., appellant No.1, is broadcasting a serial relating to the above Koodathayi serial murders from 13.01.2020 onwards under the title "Koodathayi:The Game of Death". The advertisement and teaser of the abovesaid serial clearly indicate the persons involved and also mentioned the act relating to the incident and the witnesses. Though a disclaimer has been shown before starting the said television serial, stating that the story and the characters in the serial have no resemblance to any real persons, whether living or dead, etc., all the characters in the story resemble the real persons involved and the witnesses, in connection with the murder case. The persons residing in the locality can easily identify the resemblance of character in the serial. In such circumstances, on 17.01.2019, writ petitioner has sent a letter through email as well as by registered post to the Director General of Police, Thiruvananthapuram, respondent No.2 therein, requesting to take necessary steps to ban the telecast of the above said serial by the appellants/respondents 4 to 6. However, no orders were passed. Being aggrieved, W.P.(C) No.1703 of 2020 was filed for the following reliefs: