The makers of Udaipur Files moved the Supreme Court Today (July 14) after the Delhi High Court stopped its release, asking the Centre to review it. The film, based on Kanhaiya Lal’s murder, sparked strong reactions over its portrayal of Muslims.
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NEW DELHI: The producers of the controversial movie ‘Udaipur Files’ have now moved to the Supreme Court after the Delhi High Court stopped the release of the film.
This legal action was taken on Monday, as the producers challenged the High Court’s order, which had directed a stay on the film’s release.
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The lawyer representing the film’s producers brought the matter before the Supreme Court Bench of Justice Surya Kant and Justice Joymalya Bagchi, seeking an urgent hearing.
The Supreme Court agreed to list the matter within a day or two. Senior Advocate Gaurav Bhatia appeared in the court on behalf of the movie producers.
Earlier, on July 10, the Delhi High Court had asked the Central Government to use its revisional powers under Section 6 of the Cinematograph Act to review the film before its release. This order was given in response to three different petitions, one of which was filed by Maulana Arshad Madani, the President of Jamiat Ulema-e-Hind.
His petition claimed that the film was harmful and showed the Muslim community in a negative light, as it is based on the murder of tailor Kanhaiya Lal Teli in Udaipur.
The film was earlier planned to be released on July 11.
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The High Court Bench, comprising Chief Justice DK Upadhyaya and Justice Anish Dayal, said the petitioners could take their complaints to the Central Government. Meanwhile, the Court ordered that the release of the movie should be stopped until the government makes a decision.
“Accordingly, we permit the petitioner to approach the Central government within two days and in case the petitioners approach the Central government, he may also make a prayer for interim measures. Once the petitioner approaches the Central government with a revision petition, the same shall be considered and decided within a period of one week after giving opportunity to the producer,”
-the High Court stated.
Before this, the Central Board of Film Certification (CBFC) told the High Court that they had already removed some parts of the movie that were considered problematic. The Court then asked the producers to arrange a special screening of both the film and its trailer for the lawyers involved in the case.
These included Senior Advocate Kapil Sibal, representing Maulana Madani, and Additional Solicitor General Chetan Sharma, who represented the CBFC.
After watching the movie during this screening, Kapil Sibal made a strong statement in the courtroom:
“This is not right for the country. This is not art. This is cinematic vandalism,”
-he said.
After listening to all parties during a detailed hearing on July 10, the High Court put a temporary stay on the release and said the matter should be taken up by the Central Government for further decisions.
Now, the producers of Udaipur Files have gone to the Supreme Court, requesting that this stay be cancelled so that the film can be released.
EARLIER IN APEX COURT
The Supreme Court of India on July 9th refused to urgently hear and stop the release of the upcoming movie ‘Udaipur Files’, which is based on the tragic murder of tailor Kanhaiya Lal Teli in Udaipur, Rajasthan.
The movie was set to release on July 11.
A vacation bench comprising Justice Sudhanshu Dhulia and Justice Joymalya Bagchi heard the matter on Wednesday.
The plea had been filed by Mohammed Javed, one of the accused in the murder case. He approached the apex court seeking to delay or block the release of the movie, claiming it could affect his right to a fair trial.
The Supreme Court, however, declined urgent listing of the matter and gave liberty to the petitioner to raise the issue again when the court reopens after the summer break on July 14.
“Mention before court concerned on reopening. Let it be released,”
-the Bench said, clearly refusing to interfere with the film’s release at this stage.
According to the petitioner’s counsel, the movie only shows one side of the incident, which is the prosecution’s version, and that could create a biased opinion in the public even before the trial concludes.
“It is releasing on Friday. Trailer was released on July 4. They are showing only prosecution side,”
-the counsel argued before the court.
The bench was not convinced and allowed the movie to be released as scheduled.
The film focuses on the shocking murder of Kanhaiya Lal, who was brutally beheaded in broad daylight by two men in Udaipur. The attackers also recorded the murder and shared the horrifying video online.
This act was reportedly carried out in retaliation after Kanhaiya Lal allegedly made a social media post supporting Nupur Sharma, a BJP spokesperson who had made controversial remarks about Prophet Muhammad.
The investigation of this gruesome case was handed over to the National Investigation Agency (NIA). A total of 11 people were booked in relation to the crime.
The plea filed by accused Mohammed Javed (Accused No. 8) argues that the movie may disturb communal peace and also influence the ongoing trial.
As per the petition,
“The trailer and promotional material of the said film contain content that is provocative and communally sensitive, which has the potential to disturb the religious harmony of the country and interfere with the ongoing judicial proceedings, as the matter is currently sub judice before a Special NIA Court.”
The accused pointed out that the trial has not concluded, and any portrayal of them as guilty in the film could seriously impact their legal rights.
“Releasing such a trailer at this juncture, portraying the accused as guilty and the story as conclusively true, has the potential to seriously prejudice the ongoing proceedings. It compromises the presumption of innocence and risks influencing public opinion in a manner that could affect the fairness of the trial. This directly impacts the right to a free and fair trial of the Petitioner, as guaranteed under Article 21 of the Constitution of India,”
-the plea stated.
The petitioner has requested the Supreme Court to stop the movie’s release and cancel the censor certificate already issued by the Central Board of Film Certification (CBFC).
The plea was filed through lawyers Pyoli and Ejaz Qureshi.
In a related development, another petition against the film, filed by Jamiat Ulema-i-Hind, is also pending before the Delhi High Court.
Background
Kanhaiya Lal, a Hindu tailor from Udaipur, was murdered in broad daylight in June 2022. The accused—Mohammad Riyaz and Mohammad Ghous—filmed the act and circulated a video where they claimed that the murder was done in revenge.
They alleged that Kanhaiya Lal had supported former BJP spokesperson Nupur Sharma on social media. Sharma had made controversial remarks about the Prophet, which had led to widespread outrage.
The National Investigation Agency (NIA) took over the investigation of this high-profile case. Several serious charges under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC) were filed against the accused. The case is currently being tried in the Special NIA Court in Jaipur, and the legal proceedings are still ongoing.
Mohammed Javed, one of the accused, now says that the movie could create a public narrative that might harm his legal defense. He wants the movie to be stopped until the verdict is delivered. However, as of now, the Supreme Court has allowed the release, and the film ‘Udaipur Files’ is set to hit the screens as planned.
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