The Bombay High Court on Thursday refused to stay the release of the film Match Fixing - The Nation at Stake, which is reportedly inspired by the 2008 Malegaon bomb blast case, observing that it was a work of fiction.
The court dismissed a petition filed by Lt Col Prasad Purohit, an accused in the Malegaon case, who sought to stay on the movie’s release, claiming it would negatively influence the ongoing trial and damage his reputation.
The film’s producer informed the court that the movie is fictional and based on a book already available in the market. The producer also presented a disclaimer, which would be shown at the beginning of the film, clarifying that it is a work of fiction with no resemblance to real persons, living or dead. After hearing the arguments, the court suggested minor modifications to the disclaimer, which the producer agreed to implement.
A bench of Justices BP Colabawalla and Somasekhar Sunderesan said, “We do not think that the apprehension of the petitioner is well-founded. The movie is based on fiction and hence there can be no apprehension that the trial, which is at the stage of final arguments, would get affected.” it further added, “The entire apprehension of the petitioner is wholly misconceived. Petition is dismissed.”
The judges also questioned whether Purohit truly believed that members of the Indian judiciary could be swayed by a film. “Are you really saying that a judge of the Indian judiciary is going to watch a movie and get influenced and forget evidence? When the book is not banned, why should the film be banned? So the judge won’t get influenced by the book?” the court asked.
Purohit’s lawyer, Advocate Harish Pandya, requested a stay on the film’s release until after the upcoming Maharashtra Assembly elections, arguing that “saffron terror is projected in the movie.” The court, however, dismissed this request, stating, “No chance. We are not going to hold film producers at ransom only because of elections. What has elections got to do with this? The book has been out for years.”
Additionally, a petition by Nadim Khan, who claimed that the film hurt the sentiments of the Muslim community, was withdrawn during the hearing.
The Malegaon blast on September 29, 2008, resulted in the deaths of six people and injuries to over 100 when a motorcycle-borne explosive went off near a mosque in the town. The case, initially investigated by Maharashtra’s Anti Terrorism Squad, was transferred to the National Investigation Agency (NIA) in 2011. Purohit, former BJP MP Pragya Singh Thakur, and five others are currently on trial under the Unlawful Activities (Prevention) Act (UAPA) and Indian Penal Code (IPC).