'Faraaz' Movie: Delhi High Court Allows Line-Up At London Film Festival Subject To Non-Screening

The Delhi High Court has allowed Bollywood Filmmaker Hansal Mehta and others who produced the film 'Faraaz' to file the movie's entry for screening in the BFI London Film Festival. 

The film is based on the 2016 terrorist attack at Holey Artisan, Dhaka, Bangladesh. It has been embroiled in a legal battle with a family that had lost their daughters in the attack; who now fear that their daughters may be shown in a bad light.

In an order passed on August 31, Justice Neena Bansal Krishna, while dealing with an application seeking interim injunction against the producers, allowed filing of the Movie for screening in London Film Festival subject to the condition that the film shall not be screened either in India or abroad till disposal of the application or without prior permission of Court.

BFI London Film Festival is an annual film festival held in the UK in the month of October. The Festival screens more than 300 films, documentaries and shorts from various countries.

Vide Order dated 18th January, 2022, the defendants were directed that they shall not proceed to screen the film. The Interim Order is continuing till date.

It was submitted on behalf of the plaintiffs that despite the injunction against screening of the movie, the same was not only seen by the defendants' counsel but was also submitted to the British Film Institute (BFI) London for participating in the Film Festival.

It was argued that the Film Festival cannot have primacy over the judicial order and that the defendants cannot seek perpetration of violation of Court order by seeking permission to participate in the BFI London Film Festival.

On the other hand, counsel appearing for defendants submitted that the movie was already selected for screening at the Film Festival for which the entry had to be made by September 1.

It was argued that it is a matter of great pride for a movie produced in India to be selected at an International Fora and that the right of screening a movie cannot be injuncted by the Courts, adding that any person who is aggrieved may seek defamation.

The defendants also submitted that an affidavit was already filed by them stating on Oath that the names of the two girls are not mentioned anywhere in the movie and along with a disclaimer.

"In order to balance the competing interests of the parties and to ensure that neither party suffers an irreparable injury, it is hereby directed that the defendants may file their entry of the movie "FARAAZ" with BFI London Film Festival, subject to the condition that the same shall not be screened either in India or anywhere abroad till the disposal of the present application or without prior permission of this Court," the Court ordered.

The matter has now been listed for further arguments on 21st September, 2022.

Case Title: RUBA AHMED & ANR. v. HANSAL MEHTA & ORS.