HC rejects Talwars’ plea against a film allegedly based on Arushi case
Mumbai: The Bombay High Court today rejected a petition filed by dentist couple Nupur and Rajesh Talwar who had sought stopping of the release and telecast of a film allegedly based on the murder of their daughter Arushi and domestic servant Hemraj.
The division bench headed by Justice V M Kanade disposed of the petition, saying that the script of the film (`Rahasya’) bore no resemblance with facts in Arushi case.
The High Court also refused to stay the order to enable them approach the Supreme Court, noting that it had passed an interim order last year which was not challenged.
In May 2014, the HC, in an interim order, had refused to stay the release of the film pending the hearing.
The bench observed that a conflict between fundamental right to fair trial of an individual and the freedom of speech and expression would arise when there are similarities in the story of the film and the prosecution case.
Arushi and Hemraj were found murdered at Talwar’s residence in Noida on the intervening night of May 15 and 16, 2008. After a high-profile probe and trial, the Talwar couple were convicted by the lower court for the murder and an appeal is pending.
They had moved the Bombay High Court saying that the film “distorted facts surrounding the gruesome death” of their daughter. During an earlier hearing, the CBFC had filed an affidavit mentioning various dissimilarities between the case and the film plot.