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'Rahasya': No High Court relief for Talwars

The movie has still not been released till date as director Manish Gupta and producer UVI Films Production Ltd. had made a statement that they would not release the film till the issue was resolved.

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Bombay high court has refused to grant Nupur and Rajesh Talwar relief in the film 'Rahasya' case. In a petition, the Talwars had sought restrain on release/telecast of the film which was said to be allegedly based on the murder of their daughter Arushi and the house help.

A division bench of justices VM Kanade and Revati Dere disposed of the petition by Talwars saying that there were no similarities in their case and the movie.

On May 9, 2014, the HC had refused to stay the release of the film observing: "We are, prima facie, satisfied that there are lot of dissimilarities in the case and the film, and as such, therefore, it cannot be said that the said film is actual depiction of the Petitioners' (Talwars) case."

The movie has still not been released till date as director Manish Gupta and producer UVI Films Production Ltd. had made a statement that they would not release the film till the issue was resolved.

Also, a disclaimer had been put in the movie saying that it is a work of fiction. The judges had observed in May 2014: "Secondly, disclaimer has been given by the Respondents and a statement is also made, on instructions, that similar disclaimer will also be given in any advertisement."

Venkatesh Dhond, counsel for the director, also said that they would be putting the disclaimer in their advertisements stating that the movie was "a work of fiction and has no resemblance to any character living or dead. Any resemblance to any character living or dead is purely coincidental."

On the intervening night of May 15 and 16, 2008, Aarushi and their house help Hemraj were found murdered at the Talwar residence in Noida near Delhi.

Nupur and Rajesh Talwar, who have been convicted for murdering their teenage daughter Aarushi, had moved the HC seeking a stay on the release of the movie on the ground that the film is based on "distorted facts surrounding the gruesome death" of their daughter.

They have said that their appeal is pending before the Allahabad high court. Their petition said the release of the movie would seriously prejudice their rights, since the court which is going to hear the appeal is likely to be prejudiced by whatever is depicted in the said film. Hence, they had sought that the film 'Rahasya' should not be released/telecast. They had also prayed that the Central Board of Film Certification withdraw the U/A certificate granted to the movie.

During the hearing, assistant regional officer of the CBFC had filed an affidavit mentioning various dissimilarities between the film and the facts of the Talwars' pending case.

On a request from Talwars' advocate, the HC refused to stay the order to allow them to approach the Supreme Court. The judges noted that they had passed the interim order on May 9, 2014, which has not been challenged till date.




 

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