Bombay HC refuses to stay release of movie on 2008 Malegaon blast, calls it work of fiction

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The Bombay High Court (HC) on Thursday refused to stay the release of the movie 'Match Fixing - The Nation at Stake', based on the 2008 Malegaon blast, noting that it was a work of fiction. The movie is scheduled for release on Thursday.

According to news agency PTI, a division bench of Justices BP Colabawalla and Somasekhar Sunderesan dismissed a petition filed by Lt Col Prasad Purohit, an accused in the case, seeking a stay on the film claiming that it would impact and influence the trial. Purohit's lawyer said the movie projects "saffron terror".

Purohit claimed that the movie tarnished his reputation.

The movie's producer told the court that it was a work of fiction based on a book already available in the market.

The producer also submitted the disclaimer that would be exhibited at the beginning of the movie which states that the film is a work of fiction and bears no resemblance to any person dead or alive, reported ANI.

After briefly hearing the arguments, the bench suggested certain minor changes to the disclaimer which the producer accepted.

Saffron terror projected in movie, claims Malegaon blast case accused

"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," the court said, adding that the "entire apprehension of petitioner is wholly misconceived"' before dismissing the petition.

The court also questioned Purohit and asked him if he thinks the judges in India get influenced by such movies.

"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," HC said.

According to ANI, Advocate Harish Pandya, appearing for Purohit, then sought the court to stay the release of the movie at least till after the Maharashtra Assembly elections, scheduled to be held on November 20.

"Saffron terror is projected in the movie," claimed Pandya.

The court, however, questioned what the movie had to do with the elections.

Six people were killed in the Malegaon blast

"No chance. We are not going to hold film producers at ransom only because of elections. What have elections got to do with this? The book is out since years," the bench said.

Meanwhile, another petition, which was filed by a person named Nadim Khan, also against the movie on the grounds that it hurts the sentiments of Muslims, was withdrawn on Thursday, ANI reported.

Six people were killed and more than 100 were injured in the 2008 Malegaon blast when an explosive device strapped to a motorcycle went off near a mosque in the north Maharashtra town, about 200 km from Mumbai, on September 29.

Purohit, former Bharatiya Janata Party (BJP) lawmaker Pragya Singh Thakur and five others are on trial under the Unlawful Activities (Prevention) Act (UAPA) and Indian Penal Code (IPC) for their alleged involvement in the 2008 Malegaon blast conspiracy.

The case was initially probed by the Maharashtra Anti-Terrorism Squad (ATS) before being transferred to the National Investigation Agency in 2011.

(With PTI inputs)