Bombay HC clears ‘Rahasya’ release

Aarushi and the Talwars’ domestic help Hemraj were found murdered in the family’s Noida home in May, 2008. In November 26, 2013, a Sessions Court sentenced the Talwars to life imprisonment for murder and awarded them another five years for causing disappearance of evidence. Rajesh was sentenced to an additional year in jail for giving false information in relation to an offence.

Last year, the Talwars moved the Bombay High Court, claiming that the film, written and directed by Manish Gupta, could prejudice their rights as proceedings of their appeal against their conviction was pending in the Allahabad High Court.

When the Talwars’ lawyer sought to know if the judges had watched the film, Justice Kanade said Justice Dere had watched the film and had no qualms over it.

The HC confirmed its earlier view and said there was a clear distinction between the murder case and the film and prolonging the matter was unnecessary. The judges also said there was ample time for the petitioners to move the Supreme Court after it had passed the order in May, 2014.

A bench headed by Justice Kanade had then decided on the issue and said there was no similarity between the film and the real life incident. The court had also said it was, prima-facie, “satisfied that there were a lot of dissimilarities” in the case and the film.

“Therefore, it cannot be said that the film is an actual depiction of the petitioners’ case. 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,” the High Court had observed on May 9, 2014.

The Central Board of Film Certification (CBFC) had also said there was no resemblance between the film’s content and facts of the Aarushi murder case. “Therefore, question of defamation, contempt of court does not arise,” the CBFC had said in its affidavit.

Rahasya became a matter of concern for the Talwars after they felt that its marketing and interviews of actors given to the press were based on the Aarushi case and, therefore, the movie would affect their case. “The movie is slated to release on schedule which is on January 30,” director Manish Gupta told The Indian Express.