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The Delhi High Court on Thursday declined to halt the launch of the Netflix series Trial By Fire, Abhay Deol's Series, which is based on the 1997 Uphaar Cinema fire tragedy. The ruling was made when the court considered a plea from real estate magnate Sushil Ansal requesting a temporary suspension of the series, which is due to be released on January 13. The matter was heard before Justice Yashwant Varma, a single-bench judge.
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Ansal brought a legal action demanding a permanent, binding injunction against the book called “Trial By Fire – The tragic tale of the Uphaar Tragedy” written by Neelam and Shekhar Krishnamoorthy, who lost their two children in the 1997 tragedy, and a ban on its further publication and distribution.
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In November 2021, Gopal and Sushil Ansal were each given seven year jail sentences by a Delhi court for tampering with evidence. This was reduced by the sessions court to the time already served in July of 2020, leading to the brothers being released after just over eight months. Neelam Krishnamoorthy, chairperson of the Association of the Victims of the Uphaar Tragedy, has persistently sought justice on behalf of those affected.
Siddharth Aggarwal, a senior advocate speaking on behalf of Ansal, pointed out that his client's real name was used multiple times in the trailer, which harmed his reputation and other rights, despite the series claiming it was fictitious. Justice Varma countered this by saying that it might be the creators' way of expressing their opinion on the case, but it still does not constitute defamation. Ansal's counsel also added that, based on the book, it is evident that Ansal has gone unpunished.
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The appeal in the sessions court resulted in the conviction being upheld in July, however, the sentence was reduced for the time already served. This information was made public. More importantly, the press was notified of our plan to air a web series on January 13, 2022 on December 14, 2022. However, the plaintiff arrived at the last minute to challenge our decision.
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