'Udaipur Files' row: Supreme Court urges Centre Committee to decide fast, says right to life trumps free speech
The Supreme Court on Wednesday directed the Centre’s committee to take a decision immediately, without loss of time, on petitions concerning the controversial movie Udaipur Files: Kanhaiya Lal Tailor Murder, citing the urgency flagged by the filmmakers.
Responding to the makers’ argument that the Delhi High Court’s stay on the film’s release violated their freedom of speech and expression, the top court observed that under the Constitution, the right to life under Article 21 would take precedence over the right to free speech under Article 19.
A bench of Justices Surya Kant and Justice Joymalya Bagchi asked filmmakers to await the Central government's decision, which is scheduled to hear objections against the movie later in the day, as it adjourned the hearing of the petitions related to the matter to next Monday.
The court told the filmmakers that the accused in the Kanhaiya Lal tailor murder case, Mohammad Javed, cannot be compensated for the loss of reputation if the film is released, but the filmmakers can be monetarily compensated.
Senior advocate Gaurav Bhatia, appearing for filmmakers, has submitted that the producer and director of the film, as well as the son of late Kanhaiya Lal, were receiving death threats.
At this, Justice Kant asked Bhatia to make a representation to the police of the area, who were directed to assess the threat perception and do the needful to prevent harm if there is substance in their apprehension.
The top court was dealing with two petitions, one writ petition filed by one of the accused in the Kanhaiya Lal Teli murder case and the second, filed by the makers of the movie challenging the Delhi High Court order staying the release of the movie.
The bench asked the Centre's committee to take a decision immediately without loss of time after hearing all the parties.
The top court also allowed Mohammad Javed to present his arguments before the committee through his counsel.
The film was scheduled to be released on July 11. On July 10, the Delhi High Court stayed the release till the Centre decides on pleas seeking a permanent ban over the film's potential to promote disharmony in society.
The petitions, including one filed by Jamiat Ulama-i-Hind president and Darul Uloom Deoband principal Maulana Arshad Madani before the high court, claim that a trailer of the movie released on June 26 was replete with dialogues and instances that had led to communal disharmony in 2022, and carries every potential to stoke the same sentiments again.
Udaipur-based tailor Kanhaiya Lal was murdered in June 2022, allegedly by Mohammad Riyaz and Mohammad Ghous. The assailants later released a video claiming that the murder was in reaction to the tailor allegedly sharing a social media post in support of former BJP leader Nupur Sharma following her controversial comments on Prophet Mohammed.
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