Today, On 1st August, Delhi High Court directs Centre to re-examine its decision on Udaipur Files, asking, “Where is your authority to recommend cuts?” The court questioned the legal basis behind the advisory to revise the film’s content.
The Delhi High Court directed the Central government to reassess Udaipur Files, a film centered on the murder of Rajasthan tailor Kanhaiya Lal, by August 6.
The Division Bench, consisting of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, issued this order after the government indicated it would retract its previous decision to mandate cuts in the film and would make a new determination in accordance with the law.
The Court had previously questioned the Central government’s authority to impose cuts in the film under its revisional jurisdiction as per the Cinematograph Act.
The Court was addressing petitions that challenged the film’s release. Jamiat Ulema-e-Hind President Maulana Arshad Madani and one of the accused in the Kanhaiya Lal murder case raised concerns that the film portrays Muslims negatively and could compromise the accused’s right to a fair trial.
Kanhaiya Lal was murdered by two assailants in June 2022 after he posted a WhatsApp status supporting BJP leader Nupur Sharma in relation to her controversial remarks about Prophet Muhammad. Udaipur Files was initially set for release on July 11.
The High Court had previously stayed the film’s release and directed the Central government to use its revisional powers under Section 6 of the Cinematograph Act to re-evaluate the film.
This led the film’s producers to appeal to the Supreme Court, which chose not to intervene in the High Court’s decision. Consequently, a committee established by the Central government examined the film and recommended its release with certain modifications.
The Central government then requested the film’s producers to implement these changes, resulting in a new challenge before the High Court.
The Court, On July 30, asked Additional Solicitor General (ASG) Chetan Sharma to address the argument that the Central government, in exercising its revisional powers under the Cinematograph Act, acted like an appellate body by ordering alterations to the film.
Also Read: “What About Kanhaiya Lal?” SC Asked PIL Petitioner
The issue of re-examining the movie was raised by Senior Advocate Menaka Guruswamy, representing Mohammed Javed, one of the accused in the Kanhaiya Lal murder case. During the last hearing, she argued that the Central government’s revisional powers under Section 6 are limited.
She added,
“The Central government cannot suggest cuts, modify dialogue, disclaimer, basically become film board like in this case. The Central government does not have the statutory power to become a master director of this film by saying ‘remove certain dialog, remove certain disclaimers, use these words in the disclaimer, change the content of this, I’m going to make a few cuts and you release the film’,”
Today, the Court continued its probing on this matter.
The Court inquired,
“Where did you derive this power, where is your authority to make a recommendation to the Board to revise? Is there any authority available to you?”
In response, ASG Sharma cited the Cinematograph (Certification) Rules.
However, the Court emphasized that these rules pertain specifically to the Central Board of Film Certification (CBFC) and its revising committee.
The Court stated,
“Any reference to Rule 22, 23, 25 regarding the manner in which revisional power is to be exercised is highly misplaced,”
Sharma then acknowledged that the Court could overturn the decision, and a new determination would be made by the Union government in accordance with the law.
Meanwhile, the counsel for the producer expressed concerns that this would further delay the film’s release.
Adding that the film could be released on Friday,Senior Advocate Gaurav Bhatia noted,
“It can be done within 24 hours,”
He further stated that if not, the film would be unable to launch for the next six months.