The Delhi High Court on Wednesday refused to stay the release of the web series “UP 77”, which is reportedly inspired by the life of a slain gangster Vikas Dubey, who was killed in a police encounter on July 10, 2020.
Justice Sachin Datta, after hearing the parties, declined to grant interim relief and observed that the court was not inclined to interfere with the release of the series at this stage.
The series is scheduled to premiere on December 25 on the ‘Waves OTT’ platform. Dubey’s wife, Richa Dubey, has challenged the release, citing that her personal life was being sensationalised.
After, the makers submitted that it is a pure work of fiction, not based on real life story of any person including Dubey and they will issue an undertaking or press release to address the concerns of the petitioner, the court asked them to file an affidavit in this regard within two weeks.
“None of the promotional material in relation to the series should refer to the name of petitioner’s husband. This court is not inclined to interfere with the release of web series at this stage,” the court said.
The matter has been listed for further hearing on January 7, 2026.
The petitioner alleged that the web series is “an unauthorised biographical depiction” of her husband’s life, and the makers have publicly claimed that the film is “based on true events”, “inspired by real incidents”, and it is “a real-life story” about her and Vikas.
She also said that the series sensationalised personal events and private incidents, causing serious invasion of privacy, dignity, and reputation.
Richa said that the makers are openly claiming it to be based on real events depicting “identifiable” characters, names, relationships, incidents, and her private marital life.
Stating that no consent was ever sought or granted, no script was shared, and no opportunity of clarification was provided to her, she said that the depiction is fictionalised, exaggerated, and sensational, aimed solely at “commercial gain”.
The petition said that consent is mandatory for biographical films, adding that freedom of speech is not absolute and sensationalised biopics are not protected speech.
Invoking the personality and posthumous rights, the dignity of the deceased, and the associated rights of the surviving spouse, she said that allowing the release of the series would amount to failure of statutory safeguards certification by the Central Board for Film Certification without addressing privacy violations.
Richa said that the makers are posting on Instagram account of Waves OTT about the series with captions such as, “Ek goonde ke gangster banne ki kahani. UP 77”, “Maut se bachna chahte ho to Vishal Dubey se zindagi khareed lo”, and many others.
Informing the court that she and her sons were still undergoing emotional, social, and psychological consequences of her husband’s death and had consciously chosen to live away from public glare.
The plea raised many legal questions, including whether the right to privacy and dignity under Article 21 survives the death of an individual and extends to the spouse, whether a cinematographic biopic can be made without consent when it intrudes upon private life, and whether freedom of expression under Article 19( l )(a) overrides dignity under Article 21? And whether CBFC can certify a film that violates fundamental rights on OTT?
Expressing apprehension that the film will permanently damage her dignity, subject her and her sons to public ridicule, and also reopen the past trauma, and may endanger her social standing and safety.
Once released, the injury caused to the Petitioner’s dignity and reputation would be irreversible, she said.