CBI court refuses to stay release of docu-series on Indrani Mukerjea
CBI court rejects plea to halt release of Netflix docu-series on Indrani Mukerjea, prime accused in Sheena Bora murder case, citing lack of legal provision.
A special Central Bureau of Investigation (CBI) court on Tuesday rejected the prosecution’s application that sought a stay on the release of a documentary series on Indrani Mukerjea, the prime accused in the Sheena Bora murder case, on Netflix on February 23.
“There is no provision brought to my notice to entertain the said application and this court has no inherent powers to pass any such orders stopping the broadcasting of the docu-series,” special judge SP Naik-Nimbalkar said.
The CBI, in its application filed on Saturday, objected to the series, “The Indrani Mukerjea Story: Buried Truth”, and said its promotional material includes a poster featuring Mukerjea with a caption - “Featuring new revelations and unprecedented access, this docu-series digs into the disappearance of 25-year-old Sheena Bora and the shocking aftermath”.
Given its claims of “new revelations”, without providing evidence and the past association of the accused with a media firm, there is a reasonable likelihood that the material/script of the documentary is provided by her, which raises concerns about the potential manipulation of facts, the agency alleged.
The CBI expressed apprehension that the documentary may be used as a tool to influence upcoming prosecution witnesses, leading to the distortion of facts with a malicious agenda.
The court said according to the Supreme Court order that granted bail to Mukerjea, there were stringent conditions imposed which directed her to not influence the prosecution witnesses or tamper with the evidence. “It is needless to say that as per the bail granted by the apex court, the accused (Mukerjea) is legally bound to obey and follow each and every condition which is mentioned in the said order.”
So far, there has been no plea filed by the CBI highlighting that any of these conditions were breached by Mukerjea, the special judge said and added therefore, at this juncture it would not be proper to discuss, decide and determine the prosecution’s plea.
The CBI court pointed to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and said these rules provide not only an access control mechanism but also a grievance redressal mechanism. “Rule 16 provides a remedy for the exigency of the situation for which the prosecution has called upon this court to invoke its inherent powers, which I fear are not vested with this court.”
Mukerjea was arrested in 2015 in connection with the alleged kidnapping and murder of her daughter Sheena Bora in 2012. Mukerjea, her ex-husband Sanjeev Khanna and driver Shyamwar Rai are accused of strangling Sheena, daughter from her first partner, inside a car in Mumbai on April 24, 2012. The next day, they allegedly disposed of her body in a forest in the nearby Raigad district.
According to the CBI, Mukerjea killed Bora because she was furious over her relationship with Rahul Mukerjea, son of Mukerjea’s ex-husband and former media baron Peter Mukerjea, who too is an accused in the murder case. Mukerjea has, however, claimed that Sheena was not murdered but was alive and even said that she had in 2012 gone abroad for studies. The Supreme Court on May 18, 2022, granted her bail.
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