Netflix tells HC won’t release Indrani Mukerjea docu-series till Feb 29

A division bench of Justices Revati Mohite-Dere and Manjusha A Deshpande was hearing a plea by the CBI, which had approached the high court after the special court on Tuesday rejected its plea seeking a stay on the docu-series’ airing.

Netflix said it had no objection to the court’s suggestion of the CBI being given an opportunity to view the series. The high court had asked whether the witnesses featured in the series were examined by the special court in the ongoing trial of the Sheena Bora murder case.

Senior advocate Ravi Kadam for Netflix submitted that out of the list of witnesses, five are part of the series, including Mukerjea’s son Mikhail Bora, a person who identified the spot where the body was burnt, and a police officer.

Additional Solicitor General Devang Vyas and advocate Shreeram Shirsat for CBI also submitted a list of probable witnesses yet to be examined.

Justice Dere questioned Netflix as to why the CBI was not allowed to view the series. “She is an accused. It is her depiction. One of the bail conditions is not to tamper evidence. When you sort of interview people in support of your case…What is the difficulty in sharing the docuseries? Whether there is a right of the victim?” Justice Dere said. Kadam responded by saying it would amount to pre-censorship, which the CBI cannot do under the law, adding that there was a right to fair trial under Article 21 of the Constitution.

“Trial is ongoing, we want to know if an accused has a right. We are asking you, before we hear you (Netflix), why cannot the CBI watch the series? Because somewhere down the line, evidence is being recorded and witnesses are being examined,” the judge asked parties to the case.

Kadam said that the CBI cannot approach the court at the last minute seeking to postpone the series’ airing, adding there was no gag order against witnesses.

“It can be deferred by a week, heavens are not going to fall. They (CBI) are not saying postpone it, we are saying it. They have not even opened the argument. But till then, you will not release the series,” Justice Dere said. The HC also asked CBI if it will file an application to cancel Indrani’s bail.

The lawyer for Netflix reluctantly agreed to the suggestion and said the judges can also view the series, to which the judges said they would consider the same.

“Netflix has no objection to the suggestion made by us that CBI be given an opportunity to view the docuseries. He assures that screening will be arranged accordingly. Hence, the hearing of the aforesaid petition is deferred (till February 29). In view of the above, Kadam states that the docuseries will not be aired till the next date.”