"The film 'Rahasya' is a work of fiction. The film has a disclaimer in the beginning that it is based on fiction and bears no resemblance to any person dead or alive," the affidavit filed by Sheetal Tandel, Assistant Regional Officer of Central Board of Film Certification (CBFC), Mumbai, said.
The affidavit was filed in response to a petition by Nupur and Rajesh Talwar, now serving life sentence awarded to them for Aarushi's murder, seeking a stay on the release of 'Rahasya' directed by Manish Gupta.
The Talwars in their petition claimed the movie is based on "distorted facts surrounding the gruesome death" of Aarushi.
The Talwars approached the High Court after the Central Board of Film Certification granted U/A certificate to the movie in January this year.
The CBFC, however, said there are several differences between the Aarushi case and the movie. "In the movie, an 18- year-old Mumbai-based girl gets murdered. The father of the girl is arrested but released on bail and then acquitted. Soon after that, he too gets murdered. This is hardly the case with Dr Rajesh Talwar who is still very much alive and in detention," the affidavit said.
It further claims the victim girl and her parents in the movie bear no resemblance in name or appearance with Aarushi and her parents Nupur and Rajesh.
Senior counsel Birendra Saraf, appearing for the Talwars, today told the High Court that if as per the CBFC affidavit the movie is not based on the Aarushi case, then the Talwars do not have any problem. "We would still request the producers of the movie to arrange a private screening of the film for at least one member of the family," Saraf said.
Advocate Atul Damle, appearing for Gupta and producer UVI Films Production Ltd, sought time till March 10 to seek instructions on whether a private screening can be arranged.
On the intervening night of May 15 and 16, 2008, Aarushi and their house help Hemraj were found murdered at the Talwars' residence in Noida.
The Talwars were convicted by a sessions court in Ghaziabad in November last and sentenced to life imprisonment. Their appeal against their conviction is pending before the Allahabad High Court.
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