Delhi High Court stays July 11 release of ‘Udaipur Files'
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Take your experience further with Premium access. Thought-provoking Opinions, Expert Analysis, In-depth Insights and other Member Only BenefitsThe Delhi High Court on Thursday stayed the July 11 release of ‘Udaipur Files: Kanhaiya Lal Tailor Murder’ – a film based on tailor Kanhaiya Lal’s murder in Udaipur, Rajasthan, in 2022.
In an interim order, a Division bench of Chief Justice DK Upadhyaya and Justice Anish Dayal ordered that the stay will remain in effect until the Central Government decided on the revision application filed by Jamiat Ulema-i-Hind against the certification granted to the film by the Central Board of Film Certification (CBFC).
“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 ordered.
Without going into the merits of the film, it said the procedure for challenging CBFC certification must be followed and ensured that no irreparable damage occurred in the meantime.
The order came on two separate petitions filed by Jamiat Ulema-i-Hind president Maulana Arshad Madani and journalist Prashant Tandon challenging the CBFC’s decision to grant certification to the film.
Produced by Amit Jani, ‘Udaipur Files’ has been directed by Bharat S. Shrinate. The cast of the film included actos Vijay Raaz, Rajneesh Duggal, Preeti Jhangiani, Kamlesh Sawant, Kanchi Singh and Mushtaq Khan. It was due to be released on Friday.
Madani had sought a stay on the film’s release, alleging that it may lead to communal discord and threaten social harmony as its trailer was replete with dialogues and instances that had led to communal disharmony in 2022.
“Whole film is targeted against the community. Seeing is believing. The lordships will have to decide whether the film can be shown in the context of what is happening in the country,” senior counsel Kapil Sibal submitted on behalf of Madani.
However, Additional Solicitor General Chetan Sharma countered Sibal’s arguments, contending the film in question was not community-specific but crime-specific.
Alleging that the film’s trailer distorted facts of tailor Kanhaiya Lal’s murder, implying a conspiracy involving religious figures and institutions, the petition pointed out that the actual perpetrators were two individuals with extremist motives.
“The content of the trailer not only appears to specifically target the Muslim community, by depicting a highly prejudicial and distorted view in order to promote a complete breakage of fraternity, cause communal disharmony, but also deliberately references the sensitive and contentious issue of the Gyanvapi Masjid, which is presently sub judice before the District Court of Varanasi as well as before the Hon’ble Supreme Court of India,” Madani submitted.
Alleged references to controversial remarks made by suspended BJP leader Nupur Sharma and portrayal of a current Chief Minister in a biased manner could refuel communal tensions reminiscent of 2022, the petition submitted.
The petition made the Centre, the Central Board of Film Certification (CBFC), production houses and X Corps as parties to the case. It questioned the CBFC’s decision to certify the film on the ground that it violated the Cinematograph Act of 1952 and related guidelines.
On Wednesday, the high court had directed the producer of the film to arrange its screening for those seeking a ban on it after the CBFC and the film’s producer claimed that objectionable portions have been removed after 55 cuts were made.
The Supreme Court had on Wednesday refused to urgently list a petition filed by a Kanhaiya Lal’s murder case accused seeking to stay the July 11 release of the film.