[Sheena Bora Murder Case] Bombay HC Paves Way For Netflix's Docuseries Featuring Indrani Mukerjea, Dismisses CBI's Plea

The Bombay High Court Thursday dismissed a petition filed by CBI seeking to stay the release of the Netflix docuseries – “Buried Truth – The Indrani Mukerjea Story.”

The docuseries features accused Indrani Mukerjea and five other witnesses cited by the CBI in the Sheena Bora murder trial. Mukerjea is the prime accused in her daughter - Sheena's – murder.

Last week the court had taken an undertaking from Netflix that it wouldn't release the film till today. It had directed that a special screening be held for the CBI so that the prosecuting agency is not prejudiced in any way since the trial was ongoing.

Moreover, the judges agreed to watch the series themselves before today's hearing.

“After seeing the docuseries, we don't know how it prejudices you (CBI),” Justice Dere said during the hearing on Thursday. She further noted that no proceedings were filed by anyone despite five books and two movies being released on the case.

The CBI, represented by the ASG Devang Vyas and Advocate Shreeram Shirsat, argued that 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 them have been examined, while two others are yet to be examined, it was submitted.

Senior Advocate Ravi Kadam for Netflix had earlier 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, cited the case of Sunil Baghel vs State of Maharashtra (2018) wherein 9 independent journalists challenged the trial court's gag order in the Sohrabuddin Encounter Case. Union Home Minister Amit Shah was notably an accused in the case.

Justice Dere, sitting singly back then had set aside the trial court's order and upheld the right to report.

However, with reasons to be recorded separately, the court dismissed the petition.

The docuseries is directed by Shaana Levy and Uraaz Bahl.

BACKGROUND

A Special Court previously rejected the CBI's plea to stall the documentary series, citing a lack of legal provisions to direct the OTT platform to halt its release. Before the Special Court, the CBI sought directions to halt the featuring of accused persons and those connected to the case in the documentary until the conclusion of the ongoing trial.

The CBI has alleged that Sheena Bora's disappearance and subsequent murder in 2012 were allegedly orchestrated by her mother Indrani Mukerjea, her former driver Shyamvar Rai, and ex-husband Sanjeev Khanna. Peter Mukerjea, Indrani's then-husband, is also an accused in the case. The murder came to light in 2015, leading to the arrest of the accused, who are currently out on bail.

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