New Delhi

The Delhi High Court on Wednesday declined to intervene at this stage in the broadcast of the web series 'UP 77', while recording categorical assurances from the producers that the series is a work of fiction and that neither the content nor the promotional material would identify or insinuate any real person.

The Court directed the producers to file an affidavit clarifying the disclaimer and listed the matter for further consideration on January 7.

Hearing the plea, Justice Sachin Datta observed that, in light of the statements made at the Bar, the Court was not inclined to interdict the release "as of now". "In the light of the statement, I cannot interdict," the Court said, noting that the producers were categorical in their stand and would ensure that the promotional material does not name or suggest any real individual.

During the hearing, counsel for the producers argued that the petition itself was not maintainable and submitted that the web series is a work of pure fiction. When the Court asked, "Is it a work of fiction?", the producer's counsel drew attention to the disclaimer proposed to be displayed at the very outset of the series.

It was further submitted that no statutory certification is required for web series and that the name used in the show is different from any real person.

The Court also asked the producers' counsel to place on record promotional material to demonstrate that the series does not refer to any specific individual.

"Show me promotional material that this is about you. Are you referring to the name of the producer? Is there any insinuation that it is Vikas Dubey?" Justice Datta queried. The producers' counsel denied any such reference or insinuation.

Appearing for the petitioner, Advocate Azra Rahman contended that the character has been named "Vishal Dubey", which, according to her, would cause injury and amount to defamation. She argued that the series would stigmatise the family, adding that the incident in question remains "India's most talked-about encounter".

Responding to these concerns, the producers maintained that the material is drawn from information available in the public domain and reiterated their willingness to allay the petitioner's apprehensions by suitably strengthening the disclaimer.

The Court recorded the statement of the opposing counsel that the series is not based on the life of any person and that an affidavit would be filed to that effect.

The Court also noted that the web series is stated by the petitioner to be based on the life of her husband and that her marital and personal life has allegedly been depicted without consent, an assertion which the producers have denied.

In view of the assurances and the proposed affidavit, the Court said it was not inclined to stop the broadcast at this juncture and posted the matter for further consideration on January 7.

On Tuesday, a petition was filed before the Delhi High Court seeking to restrain the release of the upcoming web series UP 77, which the petitioner claims is reportedly based on the life of gangster Vikas Dubey.

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The plea was moved by his widow, Richa Dubey, who alleged unauthorised biographical depiction of her deceased husband and of her own marital and personal life, without consent, on the OTT platform Waves OTT.

The petitioner has argued that the portrayal would violate her right to privacy and dignity under Article 21 of the Constitution, cause stigma to her family, and reopen past trauma. She has relied on judicial precedents to contend that commercial exploitation of life stories without consent is impermissible when it invades privacy and dignity.