Delhi High Court Refuses to Halt ‘Udaipur Files’ Release: Fair Trial vs Free Speech Debate Ignites

Thank you for reading this post, don't forget to subscribe!

Delhi High Court allows the release of Udaipur Files despite a plea by accused Mohammed Javed. Court held no irreparable harm would be caused and upheld artistic freedom.

Delhi High Court Refuses to Halt ‘Udaipur Files’ Release: Fair Trial vs Free Speech Debate Ignites
Delhi High Court Refuses to Halt ‘Udaipur Files’ Release: Fair Trial vs Free Speech Debate Ignites

New Delhi: On August 7, the Delhi High Court permitted the release of the film Udaipur Files, which is based on the brutal murder of Rajasthan-based tailor Kanhaiya Lal. The verdict was pronounced by the Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela at 9:40 PM on August 7, 2025.

The petition for stopping the film’s release was filed by Mohammed Javed, one of the accused in the murder case, who is currently facing trial.

His legal team challenged the Ministry of Information and Broadcasting’s (MIB) decision dated August 6 that allowed the film’s release without additional cuts.

Rejecting his prayer to halt the release, the Delhi High Court observed:

“The petitioner has failed to establish a prima facie case in his favour. Producer has already spent life earnings in the film and if the movie is not released the balance of convenience will be disturbed… The petitioner has failed to establish how irreparable loss will be caused to him if release is not stayed. Prayer for staying release is hereby rejected.”

The movie Udaipur Files portrays the events around the killing of Kanhaiya Lal in June 2022. Lal, a tailor, was murdered by two individuals after he posted a WhatsApp status in support of BJP leader Nupur Sharma’s controversial remarks about Prophet Muhammad.

In the petition filed through Advocate Pyoli, Javed argued that the film is based on a chargesheet and real-life events, but the trial is still ongoing and no charges have yet been proven.

He claimed that the movie’s trailer and promotional materials contain provocative and communally sensitive content that could disturb religious harmony and impact the fairness of the trial.

Senior Advocate Menaka Guruswamy, appearing for Javed, strongly argued that the release of the film would severely affect Javed’s fundamental right to a fair trial.

She stated,

“If precedent is created in this manner then he would never get a chance to fair trial. If this is allowed, fair trial will die … I (Javed) am accused no. 8. I have come to court on right to fair trial. It is called Kanhaiya Lal tailor story. Witnesses remain to be examined. Dialogues have been lifted from the chargesheet. When accused comes to court, there is not a court in this country that allowed release,”

When the Court asked if the film made any direct references to Javed, Guruswamy responded:

“Just because they don’t use my name (should relief be denied)? My role, the place where I speak – identically, the dialogue is lifted from chargesheet and used in the film. Please watch the film.”

Senior Advocate Gaurav Bhatia, representing the film’s producers, questioned the timing of the plea filed by Javed.

Bhatia remarked,

“Why did they not file earlier? Are they being so casual? It was filed right before release,”

He defended the film, claiming that it was not aimed at targeting any religion or community, but rather carried a constructive message.

“This is a movie based on the crime. It is not an exact narration, or that we have taken dialogue by dialogue. There is a positive message to society. It gives positive right to express itself for social harmony … Message of the movie is positive. Not vilifying anyone,” he said.

When asked whether the film includes necessary disclaimers and all required edits, Bhatia confirmed:

“A new certificate has been issued. The idea is not to vilify any community.”

To a specific question by the bench regarding the inclusion of all previous cuts and the disclaimer, Bhatia responded:

“Yes. I have watched the movie.”

Originally, the film was supposed to be released on July 11. However, petitions were filed by various groups including the Jamiat Ulema-e-Hind President Maulana Arshad Madani and Mohammed Javed, raising concerns that the movie would incite hatred and harm communal harmony.

They also raised the issue that it could damage the fair trial rights of the accused.

Following these petitions, the Delhi High Court had passed an interim order on July 10 staying the release.

The producers then approached the Supreme Court, but the top court chose not to interfere with the High Court’s decision.

Subsequently, the Central government formed a special committee to re-examine the film. The committee recommended several changes, and the producers were directed to implement them. After these cuts were made, a fresh challenge was again brought to court.

Delhi High Court Refuses to Halt ‘Udaipur Files’ Release: Fair Trial vs Free Speech Debate Ignites
Delhi High Court Refuses to Halt ‘Udaipur Files’ Release: Fair Trial vs Free Speech Debate Ignites

During the hearings, the Delhi High Court also raised doubts about whether the Central government had the legal authority to order such additional cuts.

The Court asked the Ministry to review the matter once more. Additional Solicitor General Chetan Sharma informed the bench that the ministry would withdraw the previous cut order and issue a new decision.

Since the producers planned to release the movie on August 8, the Court directed the Centre to finalize its position by August 6.

The Ministry of Information and Broadcasting then cleared the film for release, which was challenged again by Javed on August 7.

After reviewing all sides, the Court upheld the release of Udaipur Files, finding no valid legal grounds to halt it. The Court made it clear that a stay on the film’s release would not be justified at this stage.

The Court pronounced the judgment at 09:40 PM.

Background of the Case

The case revolves around the film “Udaipur Files”, which is based on the real-life murder of Kanhaiya Lal Teli that took place in June 2022 in Udaipur, Rajasthan. Kanhaiya Lal, a tailor, was brutally killed in broad daylight by two assailants who claimed they were avenging a social media post that supported comments made about the Prophet.

The murder shocked the nation and was widely seen as an act of religious extremism.

Following the incident, multiple individuals were arrested and charges were filed under terrorism laws. The National Investigation Agency (NIA) took over the probe.

While the criminal trial is still ongoing, the film “Udaipur Files” was announced, which aims to portray the events surrounding the murder and its aftermath.

Objections were raised by some of the accused and activists, arguing that the film might influence public perception, damage communal harmony, and most importantly, prejudice the fair trial rights of those accused in the murder case.

A petition was filed in the Delhi High Court, which led to a temporary stay on the film’s release. The film’s producer later challenged this stay order in the Supreme Court.

Meanwhile, concerns were also raised about the certification process of the film by the Central Board of Film Certification (CBFC), with allegations of political bias in the committee and questions on whether the Centre had the authority to suggest cuts.

Click Here to Read Our Reports on Tailor Kanhaiya Lal

author

Hardik Khandelwal

I’m Hardik Khandelwal, a B.Com LL.B. candidate with diverse internship experience in corporate law, legal research, and compliance. I’ve worked with EY, RuleZero, and High Court advocates. Passionate about legal writing, research, and making law accessible to all.

Similar Posts