Netflix Docuseries Featuring Indrani Mukerjea Won't Release Tonight, Bombay High Court Asks Makers To Hold Special Screening For CBI

The Bombay High Court has asked the makers of Netflix docuseries – “Buried Truth – The Indrani Mukerjea Story” to hold a special screening for the Central Bureau of Investigation (CBI), while hearing the agency's plea for a stay on the series.

The series was set to be released tonight; however, Netflix has undertaken to stall the release till next Thursday.

“Mr. Kadam for Netflix has no objection to the suggestion that CBI be given an opportunity to view. The hearing is postponed to Thursday. The aforesaid petition will be heard after screening, Mr Kadam says it will not be aired till the next date,” the Court recorded.

At the outset, Justice Revati Mohite-Dere questioned why the CBI should not be allowed to view the documentary, especially since Indrani Mukerjea is a prime accused in the Sheena Bora murder case and the documentary depicts her version of the case.

Justice Dere opined that when the trial is ongoing, the question arises whether an accused has the right to release such content and if it contravened any bail conditions.

“One of the bail conditions is not to tamper with evidence. When you give your story and interview people in support of your case... What is difficulty in sharing?… There are witnesses yet to be examined. Do we only see the right of the accused? What about the right of the victim?” Court orally remarked.

Senior Advocate Ravi Kadam for Netflix said that allowing the agency to view the film or stalling its release would amount to pre-censorship, which is not permissible under the law. Kadam contended that the documentary only depicts what is already in the public domain and that the rights of the accused should take precedence over the prosecution's rights.

Advocate Abhinav Chandrachud, representing the makers of the documentary, pointed out that Indrani Mukerjea has already published a book, which the CBI has not objected to, questioning the differential treatment.

The CBI, represented by the ASG and Advocate Shreeram Shirsat, argued that the Supreme Court refrained from making certain statements in Indrani Mukerjea's bail order to avoid prejudicing the trial. However, the docuseries would influence witnesses and impact the ongoing trial, especially since the makers have already admitted that five witnesses are interviewed in the docuseries. Three of these have been examined, while two others are yet to be examined, it was submitted.

However, on the court's insistence, Sr Advocate Kadam said they would arrange for a screening for the CBI. He insisted that the court should view it as well.

“You can give it to us; we will also see it. Otherwise, it will be their word against your word,” the division bench, also comprising Justice Manjusha Deshpande, said.

Then, turning to the CBI, the court said, “Mr Vyas and Mr. Shirsat, please don't be dependent on your officers. What you may think as officers of the court may be different from what they think. So we want you also to watch it.”

The matter will now be heard on Thursday. 

The docuseries is directed by Shaana Levy and Uraaz Bahl.