High Court Stays Release Of 'Udaipur Files', Asks Centre To Take A Call

In a setback for the makers of Udaipur Files, the Delhi High Court has stayed its release just a day before it was supposed to start being screened in theatres. 

The film is based on the murder of tailor Kanhaiya Lal, who was beheaded in Udaipur in 2022 and the petitioners -  Maulana Arshad Madani, President of the Jamiat Ulama-e-Hind, and journalist Prashant Tondon - had sought a permanent ban on its release, arguing that it promotes hate speech, targets a community and could incite communal tension. 

During the over five-hour hearing on Thursday, a division bench of Chief Justice DK Upadhyaya and Justice Anish Dayal asked the Centre to take a call on the petition and decide, within a week, whether the film should be released.  

The court noted that the producer's reply included an admission that a teaser of the movie was released without certification. "It is thus apparent that the producer has admitted uploading a teaser which contained even portions of the film that were ordered to be taken down," the bench said. 

It observed that a trailer was certified by the Central Board of Film Certification (CBFC) on July 2 with certain cuts from the teaser, which was uploaded on June 26. The film was cleared by the board for screening on June 20. 

"It appears that the trailer released and uploaded on various channels contained uncertified portions of the film, which led the board to issue a notice to the producer on July 1," the bench said.

It said some portions of the movie that were asked to be cut by the CBFC were also posted on social media, which is a violation of the Cinematograph Act.

Senior Advocate Kapil Sibal, appearing for the petitioners, argued that the movie was "the worst form of hate speech" against a community.

"Quoting certain instances and dialogues in the film, it has been stated that the film... is the worst form of hate speech, posing an imminent threat to public order and harmony," the High Court noted while recording the petitioner's submissions.

"The movie starts with a scene where Muslim men throw a piece of meat in a Hindu place and another scene shows Muslim students being arrested by the police. How is it related to the movie? Or the murder of that tailor... Then they refer to community as 'in log'.. Please see the film and decide for yourself...This is not right for the country...And this is certainly not art" Mr Sibal argued. 

Additional Solicitor General Chetan Sharma said 55 cuts have already been made to the film. He argued that the movie is specific to the Kanhaiya Lal murder and the petitioners want to attack the larger theme of the movie, which is subjective in nature and is protected by Article 19(1)(a) (freedom of speech and expression).

The bench said, "It is not that it is impermissible for this court to exercise extraordinary jurisdiction even in a case where a petitioner approaching the court has not exhausted alternative remedies. But having regards to the fact of the case... we are of the opinion that the petitioner ought to have approached the central government under Section 6 of the Cinematograph Act." 

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