CENTRAL BUREAU OF INVESTIGATION Vs. NETFLIX ENTERTAINMENT

JUDGEMENT

(1.) By this petition, preferred by the petitioner-CBI under Article 226 of the Constitution of India and under Sec. 482 of the Criminal Procedure Code, the petitioner seeks stay to the release of the docuseries titled "The Indrani Mukerjea Story:Buried Truth", teasers/trailers in respect of the said docuseries and any other promotional information in any other form on the Over the Top platform of respondent No.1-Netflix Entertainment Services India LLP or any other media outlet by the respondent No.1, till the conclusion of the ongoing trial in SPL. Case CBI No. 117/2015 and SPL. Case CBI No.9/2016.

(2.) Mr. Vyas, learned ASG submitted that it is imperative to stay the docuseries, inasmuch as, what would emerge from the said docuseries would build a perception in the minds of the people and as such the credibility of witnesses would be questioned. He submitted that even the rights of other witnesses as well as other co-accused would be jeopardized, if the docuseries is permitted to be aired. He submitted that the docuseries will result in seriously prejudicing the administration of justice and would tantamount to interference in the administration of justice, as it would impact public perception and would impede the rights of the parties to a fair trial. He submitted that the stay to the said docuseries is necessitated considering that the trial is on-going and some of the witnesses in the said docuseries, are yet to be examined.

(3.) Learned ASG relied on the judgment of this Court in the case of in the case of Nilesh Navalakha and Others v/s Union of India and Others,PIL(ST) No.92252 of 2020. and Mushtaq Moosa Tarani v/s Government of India and Others. Reliance was also placed on the judgment of the Apex Court in the case of Zahira Habibulla H. Sheikh and Another v/s State of Gujarat and Others,(2004) 4 SCC 158.