'Had Apologised To Victim Families, Don't Make Me Perpetually Liable To Be Rebuked By Public': Sushil Ansal Challenges Netflix Series On Uphaar Tragedy

Real estate tycoon Sushil Ansal has approached Delhi High Court with a suit seeking permanent and mandatory injunction against the release of upcoming Netflix Series ‘Trial By Fire' which is based on the Uphaar fire tragedy. 

He has also sought restraint of further publication and circulation of the book titled ‘Trial By Fire- The tragic tale of the Uphaar Tragedy’ which has been authored by Neelam Krishnamoorthy and Shekhar Krishnamoorthy, who lost their two minor children in the 1997 fire incident.

Neelam is also chairperson of the Association of the Victims of Uphaar Tragedy, which has led a long struggle in the case against Sushil Ansal and his brother Gopal Ansal.

The suit is listed for hearing tomorrow before a single judge bench of Justice Yashwant Varma.

Sushil, who was convicted in the criminal cases related to the fire, in the suit has said that his portrayal in the trailer released recently "has caused and has the propensity to cause further immense and irreparable harm to his reputation and his right to life under Article 21 of the Constitution of India." 

He has argued that the release of the impugned series will lead to further prejudice and harm to him and will be in grave breach of his fundamental rights including the right to privacy.

"The Plaintiff is now 83 years old and has been punished both legally and socially, for his association with the Uphaar Tragedy. The family of the Plaintiff have also suffered extensively on account of the incarceration of the Plaintiff. Further, the Plaintiff has struggled to achieve a semblance of normalcy in his life along with the lives of his family members in light of the mammoth effects of the Uphaar Tragedy, the conviction, and the social ramifications thereof," he has told the court.

Ansal in the suit has further said that he had apologised before the Supreme Court to the families of the victims and had expressed deep remorse towards the unfortunate incident. 

“While the Plaintiff is sympathetic towards the pain and grief caused to Defendant Nos. 4 and 5 [Krishnamoorthys] along with several others who lost their loved ones, the Defendants ought not to make the Plaintiff perpetually liable to be rebuked by the public time and again, especially after having served the sentence and complying with the orders of the Hon’ble Supreme Court," he has said in the suit.

He has further said that upon gaining knowledge that the impugned series is based on the impugned book, he bought a copy of the same and "was shocked to find" that the book contains "a one-sided narration of the unfortunate incident."

"The tone of the Impugned Book is of a highly emotional and charged manner and has instances of exaggerated, prejudicial and hyperbolic statements qua the Plaintiff. Certain instances in the book have also been made to tarnish the reputation of the Plaintiff," Ansal has alleged in the suit.

Ansal has argued that the series is based on the book "which is prejudicial to a point that it belies the court’s observations, decision and even the allegations" against him. He has said that he was held guilty under section 304A of IPC i.e. causing death by negligence and not murder.