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This is an archive article published on February 27, 2007

Black Friday release ill-timed

The courts rightly felt the film mustn8217;t be screened until the judgment on the bomb blasts

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The article of S. Hussain Zaidi 8216;Black Friday and other film realities8217;, IE, February 10, states that 8220;for two years the makers of Black Friday tried convincing everybody that the movie would not come in the way of the trial but nobody wanted to listen8221;. The statement flies in the face of truth. One of the accused filed a writ petition in the Bombay High Court which prayed that the screening of the film be stayed until the trial of the case ended and the judgment delivered. A division bench of the high court heard the case for days together. A battery of lawyers led by two senior counsel argued for the makers of the film. And then the high court delivered an elaborate judgment, which cogently set out why the film should not be released to the general public until the judgment had been delivered. The Supreme Court upheld the high court8217;s verdict.

Does Hussain Zaidi still say that nobody listened? His film did not, besides, have any problem with the Censor Board as some others mentioned in the article had. It is relevant to note that Black Friday has been enthusiastically screened in Gujarat while Parzania has been boycotted. What does this mean? The Indian establishment, especially the communal section, has consciously or unconsciously welcomed Black Friday. This speaks for itself. Black Friday is a docudrama. The characters in it resemble the accused in the bomb blast case of March 12, 1993. They bear the same names as the accused. The whole film is based on the charge sheet. A few million would have watched the film before the verdict was out, which would have prejudiced the mind of the public against the accused. In terms of law, this amounted to contempt of court. Article 14 and 21 of the Constitution guarantee a fair trial. There cannot be equality before law and right to life without a fair trial. One of the basic conditions required for a fair trial is the assumption of innocence of the accused until proved guilty. Black Friday pronounced them guilty before a competent court tried and convicted them.

It is particularly in the interest of people like Zaidi that we fight for upholding such values in public life. Tragedies like the Bombay bomb blasts occur because of systemic injustice. Twenty-nine young men from the Middle East were responsible for 9/11. They came from affluent families and were educated. Why did they do what they did? The reason should be investigated and highlighted. It should not be swept under the carpet by a censor board or some other authority.

The writer is a Mumbai-based advocate

 

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