‘Udaipur Files’ row: May send matter back to Delhi HC, says Supreme Court
The Supreme Court on Thursday expressed the possibility of remanding on July 25 the matter over the stay of movie “Udaipur Files – Kanhaiya Lal Tailor Murder” back to the high court.
A bench of Justices Surya Kant and Joymalya Bagchi said it would then hear the matter for 10-15 minutes and pass necessary orders and could relegate the matter back to the Delhi High Court.
Among others, petitioner Jamiat Ulema-i-Hind president Maulana Arshad Madani alleged the movie demonises the Muslim community.
The bench said it may also send to the high court the plea of Mohd Javed, an accused in the Kanhaiya Lal murder case, who sought a stay on the release of the movie till the conclusion of the trial.
The top court noted that a Centre-appointed panel passed an order suggesting six cuts and modification in the disclaimer for the release of the movie, which filmmakers represented by senior advocate Gaurav Bhatia assured to have been complied with.
Senior advocate Kapil Sibal, appearing for Madani, submitted many members in CBFC panel were members of one ruling political party and they cleared the movie.
While Justice Kant pointed out that it happened in all regimes and their appointments were not under challenge, Justice Bagchi noted a government could always have an advisory panel and prima facie there was nothing wrong with it.
Solicitor General Tushar Mehta, appearing for the Centre, informed the bench about the order passed by a panel of the information and broadcasting ministry, which reviewed the certification of the movie and said certain cuts in scenes and modifications were suggested.
He said freedom of speech and expression under Article 19 (1) was religion neutral.
On July 21, the top court was informed about Centre’s panel passing order in its revisionary jurisdiction and Mehta had submitted that any further action than what has been recommended by the competent authority will be infringing Article 19.
On July 16, the top court asked the filmmakers to await the decision of the Centre-appointed panel to hear objections against the movie.
The top court told the filmmakers while the accused in the Kanhaiya Lal tailor murder case couldn’t be compensated for the loss of reputation if the film releases, the filmmakers could be compensated in monetary terms.
The high court on July 10 stayed the film’s release on a Madani’s plea, invoking powers of the Central Government under Section 6 of the Cinematograph Act, 1952, till the representation is decided by the Central Government, for which the high court granted one week time.
The top court had asked the Centre’s panel to take a decision immediately without loss of time after hearing all the parties and ordered to give a hearing to the accused in the murder case.
The filmmakers claimed to have received a Central Board of Film Certification (CBFC) certificate with the board suggesting 55 cuts and the film was due to be released on July 11.
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 member Nupur Sharma following her controversial comments on Prophet Mohammed.
The case was probed by the NIA and the accused were booked under the stringent Unlawful Activities Prevention Act, besides provisions under IPC.
The trial is pending before the special NIA court in Jaipur.
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