The Delhi High Court on Thursday refused to stay the release of filmmaker Hansal Mehta’s film Faraaz, which is based on the July 1, 2016, terrorist attack at Holey Artisan in Dhaka, Bangladesh.
On the night of July 1, 2016, five militants took hostages and opened fire on Gulshan Thana’s Holey Artisan Bakery.
The attackers stormed the bakery with crude bombs, machetes, and pistols and took several dozen people (foreigners and locals). Twenty hostages (17 foreigners and three locals), two police officers, five gunmen, and two bakery employees were among the people who were killed.
A division bench of Justice Siddharth Mridul and Justice Talwant Singh directed the filmmaker and producers to “scrupulously adhere” to the disclaimer stating that the film was inspired by the attack and that the elements contained in it are entirely fictitious.
The court was hearing an appeal moved by two women who lost their daughters in the attack against the order of a single judge who refused to grant interim relief against the film’s release.
The disclaimer was made in an affidavit before the single judge by Hansal Mehta and the producers.
Refusing to stay the film’s release, the bench noted that the disclaimer takes care of the mothers’ concerns.
“If the film has already been transmitted electronically, how can they make change now? “We’re sorry we can’t help you,” Justice Mridul told the counsel appearing for the two women.
The court adjourned the hearing in the appeal at the request of counsel representing the mothers to seek instructions on how to proceed with the appeal.
The court stated, “However, it is made clear that the respondents must strictly adhere to the disclaimer extracted in the single judge’s judgement.” The court also took note of the respondents’ categorical submission that the pictures or images relating to the daughters do not feature in the film.
The disclaimer, as recorded in the order of single judge, reads as: “This film is inspired by the attack that took place at the Holey Artisan Bakery, in Dhaka, Bangladesh on 01st July, 2016. Elements in this film are completely fictitious. It is not a documentary, and it makes no claim to accurately reflect the events of that dark and horrific night.
Certain characters, institutions, and events in the film are composites/dramatized/fictional and have been used for cinematic purposes as well as to dramatise the performances portrayed in the film. The filmmakers have taken artistic liberty in dramatizing/fictionalizing the events depicted in the film. The producer(s)/director/writers make no endorsement, warranty, representation, or claim regarding the accuracy or historical correctness of any event(s) and/or incidents depicted in the film.
Regarding the subject matter of this film, the creators fully acknowledge and respect other perspectives and viewpoints. “No identification of any actual persons, places, buildings, or products are intended or should be inferred.”
The matter is listed for further hearing on 22 February, 2023.
