Justices V M Kanade and Anil Menon, hearing a petition yesterday, refused to restrain the producers of the film from advertising or making promos of the movie, because no prima facie case had been made out for this relief.
However, the judges said they were keeping the petition for final hearing after the vacations on June 13 when they would decide on the release of the film.
Nupur and Rajesh Talwar, parents of Aarushi, who have been convicted for their daughter’s murder and are undergoing life sentence, had filed a petition in the high court earlier seeking a ban on the film’s release on the ground that it was based on “distorted” facts about their daughter’s killing.
Advocate Atul Damle, appearing for director Manish Gupta and producer UVI Films Production Ltd, assured the court that the film would not be released till the final date of hearing of the petition, i.e June 13.
The counsel also assured the court that in the promos and advertisement they would put a disclaimer saying that the movie was a work of fiction and did not bear any resemblance to any person, dead or alive.
The Talwars have filed an appeal against their conviction and it is pending in the Court. Both pleaded that promos and advertisements of the film should be banned because it may influence their appeal, which is yet to be heard.
The judges, however, did not grant any relief to the Talwars while observing, “No case has been made out for grant of relief in the notice of motion.”
The court also took note of the assurance given by the film makers that they would put a disclaimer in the advertisements and promos of the film.
On the intervening night of May 15 and 16, 2008, Aarushi and the family’s domestic servant Hemraj were found murdered at Talwar’s residence in Noida, near Delhi.