Delhi High Court refuses to stay release of 'UP 77' after producer says it is not based on life of gangster Vikas Dubey

The Delhi High Court on Tuesday declined to stay the upcoming web series UP 77, which is reportedly based on the life of gangster Vikas Dubey who was killed by Uttar Pradesh police in an encounter in July 2020.

The plea against the web series was filed by Dubey's wife Richa Dubey.

Justice Sachin Datta noted the producer's statement that the web series is a work of pure fiction and not based on the life of any person. The Court was also told that a disclaimer to clarify the same would be shown before every episode.

The Court recorded the same in its order.

"They [producers] are willing to issue further declaration/ undertakings/ press release to allay the concerns of the petitioner that the web series is not based on the real [life] of her deceased husband."

Considering the same, the Court said that it would not interdict the release of the web series.

"In the light of the statement, I cannot interdict. Producer is categorical. They will ensure that the promotional material does not name him," the Court said.

The Court will hear the matter next on January 7, 2026. Meanwhile, the producer has been directed to submit an affidavit in accordance with the undertaking given regarding the disclaimer.

On December 22, the Court had issued notices to the Ministry of Information and Broadcasting as well as Waves, an over-the-top platform launched by Prasar Bharti, where the series will be streamed.

In her plea, filed through advocate Azra Rehman, Dubey argued that the web series contains "unauthorised biographical depiction, sensationalised personal events and private incidents, causing serious invasion of privacy, dignity and reputation".

She stated that the show intrudes into her family's personal lives and violates their rights under Article 21 of the Constitution.

"Petitioner apprehends that the film will Permanently damage her dignity; Subject her and her sons to public ridicule and also re-open the past trauma and may endanger her social standing and safety," the plea stated.

Vikas Dubey and his aides were accused of gunning down as many as eight police personnel in Kanpur. He was subsequently taken into police custody on July 9, 2020, after surrendering before the Madhya Pradesh Police.

However, Dubey was killed on the morning of July 10 while being taken back to Uttar Pradesh by the State police. The police claimed that he was killed "in self-defence" after he tried to grab a gun from a police officer and reportedly fired at them.

Hours before Dubey's killing, Mumbai-based lawyer Ghanshyam Upadhyay had filed a petition before the Supreme Court seeking protection for the gangster, apprehending his killing in a "fake encounter". The encounter took place even before the plea could be listed before the Supreme Court.

Dubey's death triggered concerns from various quarters that the Uttar Pradesh police had carried out a fake encounter killing. Lawyers in Uttar Pradesh wrote letters to the Allahabad High Court seeking a probe.

NGO People’s Union of Civil Liberties (PUCL) filed an urgent application in a pending matter before the Supreme Court, for an investigation by a Special Investigation Team (SIT).

The top court eventually gave the green signal for an inquiry commission headed by former Supreme Court judge, Justice BS Chauhan, to investigate the matter.

This Inquiry committee eventually gave a clean chit to the Uttar Pradesh Police. However, it recommended action against police and other government officials who used to patronise Dubey.

In July 2022, the Supreme Court directed that the inquiry committee's report be made public. The Court also directed the Uttar Pradesh government to take appropriate action on the recommendations of the inquiry commission.