Ex-Union Carbide staffers’ pleas against web series based on Bhopal gas leak dismissed

They argued that the web series would lead to “prejudice” against them in any legal proceedings ongoing against them and that the release should be stayed pending the hearing of their pleas. They also claimed they were also entitled to a pre-screening of the series.

Advocate Anirban Roy, appearing for the convicts, submitted that the web series was being released about 40 years after the incident and would only result in “reopening the old wounds and would serve no useful purpose”.

However, the bench said that the duo had been aware about the series since November 25, 2022, as they were informed about it by producers Yash Raj Films through a letter. “The Appellants were thus put to notice that the web series would contain accounts of the events that unfolded during 1984 gas leak…The Appellants were aware of and thus ought to have moved earlier if they were likely to be so aggrieved by such portrayal of events,” said its order, which was made available on Friday.

“The entire premise for seeking a stay of the release of the said web series is [that] the same may adversely affect the Appellants’ legal proceedings. This is prima facie untenable for three reasons, (a) that the Appellants already stand convicted in connection with the Bhopal Gas Tragedy (b) the Trial having come to an end in the year 2010, the contents of the trial and judgement were available in the public domain and (c) counsel for YRF has produced the disclaimer which will precede the airing of each episode, which specifically caveats ‘This series is a work of fiction, inspired by real events’,” the bench said.

The bench further said, “The right to the Appellants to have pre-screening of a fictional work belonging exclusively to the respondent producer is indeed untenable.”