Delhi HC Restrains Netflix & Others From Broadcasting Of Documentary "A Big Little Murder" Based On Gurugram School Murder Case
The Delhi High Court has restrained Netflix, Channel News Asia and others from broadcasting or streaming the documentary titled "A Big Little Murder" based on the tragic death of a 7-year old boy who was found dead in the washroom of Gurugram-based School.Dealing with a plea moved by the school's trust namely Xavier's Education Trust, a single judge bench comprising of Justice Jayant Nath...
The Delhi High Court has restrained Netflix, Channel News Asia and others from broadcasting or streaming the documentary titled "A Big Little Murder" based on the tragic death of a 7-year old boy who was found dead in the washroom of Gurugram-based School.
Dealing with a plea moved by the school's trust namely Xavier's Education Trust, a single judge bench comprising of Justice Jayant Nath however clarified that the defendants may stream the documentary after deleting all references to the school in question and also deletion of portions where school's building is depicted.
"In my opinion, the impugned act is contrary to the orders passed by the Ld. ASJ, Gurugram and the co-ordinate bench of this court. Plaintiff has made out a prima facie case," the Court observed.
The plaintiff trust had approached the High Court by way of an application under Order 39 Rules 1 and 2, CPC seeking an ex parte injunction to restrain the defendants from marketing, broadcasting, streaming, telecasting and making available in any form or in any medium the documentary or its trailers or abridged versions and also to take down the same from the website and social media platforms.
The plaintiff argued that the matter was presently sub judice before the Additional Sessions Judge, Gurugram.
Senior Advocate Rajeev Virmani along with Advocate Sandeep Kapoor appearing for the plaintiff school submitted that the documentary used the name of school as well as the building, an act which was in complete violation of the order passed by the Sessions Court dated 8th January, 2018.
It was also stated that the defendants had used the school's name and building without having obtained permission from the plaintiff.
While relying on another case pertaining to the release of a book on the same trial, the plaintiff submitted that a coordinate bench of the High Court was pleased to order a stay against the release of the book as it contained references and used the name of the Plaintiff's school.
After hearing the parties, the Court ordered thus:
"The defendants are restrained from streaming, broadcasting, telecasting etc. the documentary titled "A big Little Murder" or any of its abridged versions."
Appearance: The Plaintiff Trust was represented by Senior Advocate Rajeev Virmani and Sandeep Kapur, Senior Partner, Karanjawala & Co. along with Meghna Mishra, Partner, Karanjawala & Co., and Advocates Ankit Rajgarhia, Apoorva Pandey, Gudipati G. Kashyap, Tarun Sharma and Deveshi Madan.
Title: XAVIER S EDUCATION TRUST v. MAYURICA BISWAS & ORS.