The documentary-series is titled ‘The Indrani Mukherjee Story: The Buried Truth’ (File)
A special court here on Tuesday rejected the Central Bureau of Investigation’s (CBI) plea seeking a stay on telecast of a documentary series on Indrani Mukherjee, the key accused in the Sheena Bora murder case, saying Was that there is “no” in it. Inherent powers to pass such direction”
Special CBI judge SP Naik-Nimbalkar said the investigating agency can adopt appropriate legal remedies if advised.
The judge acknowledged that the prosecution had not brought to his notice any legal provision for such instructions.
The docu-series, titled ‘The Indrani Mukherjee Story: The Buried Truth’, tells the story of 25-year-old Bora’s disappearance and is scheduled to premiere on streaming platform Netflix on February 23.
In its application filed through public prosecutor CJ Nandode, the CBI had told the court that “directives be issued to the accused and other concerned persons to stop/stop featuring the accused persons and persons connected with the case in the documentary by Netflix and its telecast.” Let’s do.” on any platform until the conclusion of the ongoing trial”.
The investigating agency on Tuesday argued that the documentary, with its publicized claims of “new revelations” without providing evidence, could create a prejudicial atmosphere and mislead the public, especially the prosecution witnesses, when the case comes before the court. is pending and at a crucial juncture. Stage of prosecution evidence.
It further said that the purpose of appearing in the documentary and releasing it is malicious.
The CBI claimed that this posed a direct threat to the safety and security of the witnesses by exposing their identities, compromising their security and preventing them from giving truthful testimony.
Advocate Abad Ponda, appearing for Netflix, argued that only the High Courts and the Supreme Court have the authority to pass directions on such a petition.
He said the provisions of witness protection are available in TADA (Terrorist and Disruptive Activities (Prevention) Act) and Maharashtra Protection of Organized Crime Act (MCOCA) cases and not in the Code of Criminal Procedure (CrPC).
The judge, after hearing both sides, held that the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) have a cure for the urgency of the situation, for which the CBI has called upon the court to exercise its inherent power, “which I fear this court is not vested.”
The Supreme Court had granted bail to Indrani and set some conditions for her release. The court said, however, that the CBI has not argued that he has violated the bail conditions.
“Since no legal provision has been brought to my notice and this court has no inherent power to pass any such order, the application is dismissed,” the court said.
It added that the CBI may resort to appropriate legal remedies if advised.
In April 2012, Bora was allegedly strangled to death in a car by Indrani, her then driver Shyamvar Rai and ex-husband Sanjeev Khanna.
Bora was Indrani’s daughter from a previous relationship. His body was burnt in the forest of neighboring Raigarh district.
The murder came to light in 2015 when Rai revealed about the murder after his arrest in another case.
Indrani was arrested in August 2015 and granted bail in May 2022.
Other accused in the case, Rai, Khanna and Peter Mukherjee are also on bail.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
