The Bombay High Court today ordered Netflix to arrange a pre-release screening for the Central Bureau of Investigation (CBI) of the documentary series "The Indrani Mukerjea Story: Buried Truth" [CBI v. Netflix India & Ors.].Notably, the documentary series is centered around Indrani Mukerjea, the prime accused in the Sheena Bora murder case.The CBI had moved a plea to stay the release of the web-series since the trial in the Sheena Bora nurder case is yet to conclude.A division bench of Justices Revati Mohite Dere and Manjusha Deshpande today suggested that it would be appropriate for the CBI to first watch the series before making any submissions on their plea for a stay.Although Netflix initially expressed concern that such a direction could amount to pre-censorship, the suggestion was eventually agreed to by the OTT platform.In view of this direction, Netflix also assured the Court that it would not air the series till the next date of hearing on the matter.The CBI had approached the High Court in the matter on February 21 after the special CBI court rejected its application to stay the release of a documentary series.The CBI submitted that the series contained interviews with the accused and some witnesses as well.Advocate Shreeram Shirsat, appearing for the agency, argued that since the CBI had seen only the trailer, it was not aware of how many witnesses were shown in the series.The High Court, therefore, asked Netflix to provide the exact number of witnesses who have been interviewed in the series.Senior advocate Ravi Kadam appeared for Netflix and informed the Court that five witnesses have been interviewed in the series, which included Indrani's son, Mikhael and her daughter, Vidhie Mukerjea.He added that out of the five people interviewed for the documentary, the examination of two witnesses had been concluded while three were yet to be examined.The Court then suggested that Netflix could show the series to the CBI before the bench hears the matter further."Why should CBI not be allowed to see the series? She (Indrani) is an accused. The series is her depiction of what happened. One of the bail conditions is not to tamper with evidence. When you sort of interview people in support of your case ... We are asking you, before we hear you, why cannot CBI watch the series? What is the difficulty in sharing the docuseries?" the Court asked.Kadam initially opposed the submission contending that it would amount to pre-censorship and that there was no gag order against the witnesses.He however agreed to show the series to selected CBI officers and lawyers representing the CBI, including additional solicitor general Devang Vyas.
The Court also asked Netflix if it could stay the release of the documentary till the matter is next heard.
"They should be permitted to view. The release can be deferred by a week, heavens are not going to fall. If you cannot take instructions and make a statement, then we will pass this order", the Court said.
Accordingly, Netflix agreed to not air the series till the next date of hearing, which is on February 29. The series was earlier slated to premiere on February 23 (tomorrow).
Indrani Mukerjea was arrested in 2015 on allegations that she had murdered her daughter, Sheena Bora with the help of her Mukerjea's former husband Sanjeev Khanna, present husband Peter Mukerjea and driver Shyamvar Rai.
The Bombay High Court had in November 2021 rejected Mukerjea's bail plea. In May 2022, the Supreme Court granted bail to Mukerjea.
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