Thiruvananthapuram Dec 18 The Kerala High Court on Thursday issued notice on a plea filed by Koodathayi murder case accused Jollyamma Joseph alias Jolly, seeking action against Malayalam web series 'Anali', which she claims is based on events similar to the case in which she is currently facing trial.
Jolly is accused of murdering six members of her family, including her first husband, Roy Thomas, by administering cyanide, allegedly to gain control over family property.
The trial is presently underway before the Additional District Court (Special Court for Trial for Maradu Cases), Kozhikode.
When the matter came up for hearing, Justice V.G. Arun declined to stay the release of the web series, observing that the content had not yet been aired in full.
The judge noted that, at present, there was "nothing concrete except a teaser: suggesting similarities with the pending criminal case.
"There is a question of artistic freedom also. Where is the complete prohibition against taking a cue from something which has really happened?" the court orally observed.
Referring to films inspired by real-life crimes, the judge said cases were not decided on the basis of cinema or web content, adding that mere surmises and conjectures could not justify a pre-release ban.
However, the court acknowledged the petitioner’s concern that the matter was still under trial.
Admitting the plea, the court issued notice to the respondents and directed the petitioner’s counsel to implead the Union government as an additional party.
The Deputy Solicitor General took notice on behalf of the Central Board of Film Certification, while the Government Pleader accepted notice for the state.
Director Midhun Manuel Thomas, who has been arrayed as the fifth respondent, was directed to be served notice through a special messenger.
The court also permitted notice to be served via email on JioHotstar, the publisher of the web series.
The case has been posted for further hearing on January 15.
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