Delhi High Court halts the release of Udaipur Files until the Centre decides on pleas for a permanent ban. Accused claim the film could affect their fair trial in the 2022 murder case.
New Delhi: Today, on July 10, the Delhi High Court has put a temporary stop on the release of the film ‘Udaipur Files’, which is based on the 2022 murder of tailor Kanhaiya Lal in Rajasthan.
The movie was supposed to be released on July 11, but the court has ordered that it should not be released until the Central Government decides on the pleas seeking a permanent ban on the film.
A division bench led by Chief Justice DK Upadhyaya and Justice Anish Dayal heard the matter and said that the petitioners had not yet used the legal remedy available to them under the Cinematograph Act, which allows them to file a revision application with the Centre.
The court gave the petitioners two days to file their complaint with the government.
The court said:
“Admittedly, petitioners have not taken recourse to available remedy with the central government.”
Therefore, the court made it clear that it would not get into the issue directly but asked the petitioners to first approach the government.
However, it also said that until the Central Government makes a decision on their request for interim relief, the movie should not be released.
The bench added:
“Since we are relegating petitioner to invoke revisional remedy, we provide that till the application for grant of interim relief is decided by the government there shall be stay on release of the film.”
The petitioners in this case are the accused in the Kanhaiya Lal murder case. They approached the court with the claim that if the film is released, it would harm their right to a fair trial, as it may influence public opinion and create a bias even before the trial is completed.
The incident that inspired the movie took place in Udaipur in June 2022, when tailor Kanhaiya Lal was brutally murdered, allegedly by Mohammad Riyaz and Mohammad Ghous.
The accused later recorded a video of the murder and posted it online, claiming that the act was revenge because the tailor had allegedly shared a social media post supporting former BJP spokesperson Nupur Sharma, after her controversial remarks about Prophet Mohammed.
The case is currently under trial in a special NIA court in Jaipur, and the investigation was carried out by the National Investigation Agency (NIA).
The accused have been charged under the tough Unlawful Activities (Prevention) Act (UAPA), along with multiple sections of the Indian Penal Code (IPC).
Early Hearing Highlights
In an earlier hearing on the same day, the Delhi High Court raised significant concerns about its own jurisdiction in halting the release of Udaipur Files after it had already received clearance from the Central Board of Film Certification (CBFC).
The Bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Anish Dayal, observed:
“Once the Censor Board has granted certification, it reflects their satisfaction. How much further can we intervene beyond that?”
This remark hinted at the court’s cautious approach in overriding decisions made by the statutory authority.
During the proceedings, Senior Advocate Kapil Sibal, appearing for the petitioner, voiced frustration over receiving a last-minute submission from the Additional Solicitor General (ASG), stating:
“We’re quite shocked. We’ve just now been handed a submission note by ASG Chetan Sharma.”
The court acknowledged the lack of time to respond and also noted media reports regarding the issue being raised in higher forums:
“We read in the newspaper that a similar issue is listed before the Supreme Court,”
the bench said.
Sibal clarified:
“It was only mentioned there; it hasn’t been heard or taken up,”
while the ASG responded:
“It was merely reported; Justice Dhulia had remarked that the screening may continue.”
Expressing deep concern about the movie’s impact, Sibal added:
“As far as I know, no stay was even sought. We are deeply disturbed what we’ve witnessed is truly horrific.”
The bench advised:
“Mr. Sibal, please take note of what has been reported.”
Chief Justice Upadhyaya also raised the issue of conflicting orders from other High Courts:
“We also came across a newspaper report stating that a similar matter is pending before another High Court. If that court has permitted the release, there’s a risk of parallel proceedings.”
Click Here to Read Our Reports on Tailor Kanhaiya Lal
