Delhi HC restrains Netflix from releasing documentary on Gurgaon boy’s murder without cutting references to school

“The defendants are restrained from streaming, broadcasting, telecasting etc, the documentary titled “A big Little Murder” or any of its abridged versions,” said Justice Jayanth Nath in an order.

The Delhi High Court has restrained Netflix and Channel News Asia from streaming, broadcasting or telecasting a documentary on a seven-year-old Gurgaon student’s murder without deleting all the references to his school.

“The defendants are restrained from streaming, broadcasting, telecasting etc, the documentary titled “A big Little Murder” or any of its abridged versions,” said Justice Jayanth Nath in an order.

However, the court also said that the documentary may be streamed “after deleting all references to the plaintiff school in question and deleting the portion where the building of the school is depicted”.

A class II student had been found with his throat slit inside a washroom of a prominent Gurgaon school on September 8 in 2017. Haryana Police had earlier arrested a bus conductor for the murder but the CBI later arrested a juvenile, who was then a class XI student at the school.

The case is pending before a Gurgaon court.

The trust running the school, through Karanjawala & Co has approached the High Court seeking an injunction against making public the documentary and sought its removal from the website and social media platforms. It has argued that the name of the school has been elaborately and frequently used in the documentary without obtaining any permission. The documentary also contains visuals of the school building, the court was told.

The petitioners argued before the court that such actions were in violation of an order passed by the Gurgaon court on January 08, 2018. The Additional Session Judge, Gurgaon in the order had directed all including media to use of “imaginary names” while referring to the persons or facts of the case since it involves a child in conflict with law.

The HC bench was also told that a co-ordinate bench of the High Court has also stayed the publication release of a book on the case as it contained the references and used name of the school.

While agreeing with the submission, the Justice Nath in the order said, “In my opinion, the impugned act is contrary to the orders passed by the Ld. ASJ, Gurugram and the co-ordinate bench of this court. Plaintiff has made out a prima facie case.”

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