Advocate Vishnu Shankar Jain raised his disagreement with the Delhi HC’s decision to stay the release of the film “Udaipur Files”.
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NEW DELHI: Senior Advocate Vishnu Shankar Jain on Sunday raised his disagreement with the Delhi High Court’s decision to stay the release of the film Udaipur Files: Kanhaiya Lal Tailor Murder.
Calling the stay a “complete violation of legal principles,” Jain stated that imposing a pre-release ban in a democratic setup is an extreme measure. He argued that courts have previously refused to halt film releases on similar grounds, citing the importance of upholding freedom of speech and expression.
He said,
“I do not agree with the order of the Delhi HC. It is a total violation of the set mandates of the law so far. In a democratic setup, a pre-publication ban has been considered an extreme step. Putting a sty on a movie is absolutely wrong. The Court refused to put a stay on many movies, saying it would be a violation of the freedom of speech and expression.”
He criticised the decision to halt the release of the film Udaipur Files: Kanhaiya Lal Tailor Murder, calling it an extreme measure in a democratic society. He questioned how a movie depicting a real incident like the brutal killing of Kanhaiya Lal could threaten social harmony.
“The HC has also said that if it bothers anyone, they should not watch the movie. Kanhaiya Lal, the the victim who was brutally murdered in Udaipur, has not been given justice, and if a film has been made on this incident, I don’t understand how will it disturb the social harmony.”
The Delhi High Court ordered a stay on the release of the film, Delhi HC stays release of “Udaipur Files: Kanhaiya Lal Tailor Murder”, on Thursday, which was scheduled to be released on 11th July.
The Supreme Court, Earlier
The Supreme Court of India, on July 9, declined an urgent request to stay the release of the film Udaipur Files, which is based on the 2022 murder of tailor Kanhaiya Lal in Udaipur, Rajasthan. The film was scheduled for release on July 11.
A vacation bench comprising Justices Sudhanshu Dhulia and Joymalya Bagchi heard the plea filed by Mohammed Javed, one of the accused in the case. Javed claimed the film could prejudice the ongoing trial and compromise his right to a fair trial under Article 21 of the Constitution.
The bench refused to intervene at this stage and advised the petitioner to mention the matter again after the court reopens on July 14.
“Mention before court concerned on reopening. Let it be released,”
the bench stated.
The petitioner argued that the film and its promotional content portray only the prosecution’s version and label the accused as guilty, thereby undermining the presumption of innocence. The plea also raised concerns about potential communal unrest and the impact on sub judice proceedings.
Despite these objections, the Court did not find sufficient grounds to halt the release.
The investigation into Kanhaiya Lal’s brutal murder, allegedly committed in retaliation for his social media post supporting Nupur Sharma, is being handled by the NIA, with 11 individuals charged under the UAPA and IPC.
The petitioner also sought the cancellation of the film’s censor certificate issued by the CBFC. The plea was filed through advocates Pyoli and Ejaz Qureshi.
Meanwhile, a separate petition filed by Jamiat Ulema-i-Hind challenging the film is still pending before the Delhi High Court.
Delhi High Court
The Delhi High Court ordered a stay on the release of the film, Delhi HC stays release of “Udaipur Files: Kanhaiya Lal Tailor Murder”, on Thursday, which was scheduled to be released on 11th July.
While hearing two petitions, one by Jamiat-Ulema-i-Hind and another by journalist Prashant Tandon challenging the CBFC’s decision to grant certification to the film, a Division Bench of Chief Justice Devendra Kumar Upadhyay and Justice Anish Dayal passed the interim order.
The petitioners argued that the film portrayed only the prosecution’s version and labeled the accused as guilty, thereby undermining the presumption of innocence; hence, the release of the movie could disturb communal harmony and pose a serious threat to public order.
The Court noted that the petitioner has been directed to seek revisional remedies under the Cinematograph Act, 1952. Pending the decision on their plea for interim relief, the Court ordered a stay on the release of the film.
Without delving into the content or merit of the film, the Court emphasized the importance of following due legal procedure and preventing potential irreparable harm in the meantime.
Udaipur Files Row: Background
Kanhaiya Lal, a Hindu tailor from Udaipur, was brutally murdered in broad daylight by Mohammad Riyaz and Mohammad Ghous in June 2022. The assailants filmed the act and released a video claiming it was revenge for Lal’s alleged support on social media for former BJP spokesperson Nupur Sharma, who had made controversial remarks about the Prophet.
The National Investigation Agency (NIA) took over the probe, charging the accused under the Unlawful Activities (Prevention) Act (UAPA) and various sections of the Indian Penal Code (IPC). The trial is ongoing in the Special NIA Court in Jaipur.
One of the accused, Mohammed Javed, has raised concerns about the film Udaipur Files, arguing that it could prejudice public opinion and affect his legal defense. He has sought to halt the movie’s release until the trial concludes. However, the Supreme Court has permitted the film to be released as scheduled.
Producers of Udaipur Files Move Supreme Court
The producers of the controversial film Udaipur Files have approached the Supreme Court, challenging the Delhi High Court’s order that halted the film’s release. The legal challenge was filed on Monday, with Senior Advocate Gaurav Bhatia representing the producers before a bench led by Justice Surya Kant and Justice Joymalya Bagchi. The Supreme Court agreed to list the matter for hearing within a day or two.
The Delhi High Court, on July 10, had ordered a stay on the film’s release and directed the Central Government to review it using its revisional powers under Section 6 of the Cinematograph Act. This interim order came in response to three petitions, including one from Maulana Arshad Madani, President of Jamiat Ulema-e-Hind, who argued that the film portrayed the Muslim community in a negative light.
The High Court bench, comprising Chief Justice DK Upadhyaya and Justice Anish Dayal, permitted the petitioners to approach the Centre within two days and asked the government to decide on the matter within a week, after hearing the film’s producers.
The CBFC informed the court that certain controversial parts had already been removed. The court also asked for a special screening for the legal representatives, including Senior Advocate Kapil Sibal, who criticized the film sharply, calling it “cinematic vandalism.”
Following this, the High Court imposed a temporary stay on the release and deferred further decisions to the Central Government. Now, the film’s producers have turned to the Supreme Court to lift the stay and allow the film’s release.
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