SC refuses to vacate stay on release of 'Udaipur Files', defers hearing till July 21

The Supreme Court on Wednesday refused to lift the stay on 'Udaipur Files - Kanhaiya Lal Tailor Murder' -- a film based on tailor Kanhaiya Lal's murder in Udaipur, Rajasthan in 2022.

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“If the movie is released, there will be irreparable damage. If it's not, then you (producers) can be compensated. Also, don't miss movie culture. More the suspense the better it does,” a Bench led by Justice Surya Kant said, deferring the hearing to July 21.

The Bench – which also included Justice Joymalya Bagchi -- asked the filmmakers to wait for a decision of the panel appointed by the Centre to hear objections against the movie. The panel is scheduled to meet at 2:30 pm on Wednesday.

Produced by Amit Jani, ‘Udaipur Files’ has been directed by Bharat S Shrinate. The cast of the film included actors Vijay Raaz, Rajneesh Duggal, Preeti Jhangiani, Kamlesh Sawant, Kanchi Singh and Mushtaq Khan. It was due to be released on July 11.

The Delhi High Court had on July 10 stayed the release of the film 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). The producers have challenged the stay order before the top court.

“My movie was to be released after 12 hours. The movie was with 800 distributors. Now it is about piracy issues. If they decide by tomorrow to at least exhibit the movie. This is a reasonable request,” senior counsel Gaurav Bhatia, representing the producers, submitted.

After being told that the producer and director have received threats, the Bench asked them to make a representation to the police for necessary action.

Senior counsel Kapil Sibal, representing Jamiat Ulema-i-Hind president Maulana Arshad Madani, said the film was an attempt to vilify the Muslim community.

“Once I saw the movie. I was shaken. It was a complete thematic dissertation against a community. I am usually for free speech but here the case is different. This is a movie which seeks and generates violence. It’s a complete vilification of the entire community. Violence, homosexuality, child abuse -- everything about the community… it’s unthinkable that a democracy will allow such a movie to be shown,” Sibal submitted.

The Bench asked the Centre's committee to take a decision immediately without loss of time after hearing all the parties.

It asked the panel to accord hearing to the accused in the murder case after senior advocate Menaka Guruswamy submitted on behalf of an accused in the case that free speech cannot be claimed to violate the right to fair trial.

“Prima facie we are clear: Our judicial officers are not school-going children who will be swayed by movies or dialogues of movies. We are confident of their objectivity…, given regard to their training. But parties need to be heard,” Justice Kant, allaying Guruswamy’s fears that the film might impact the outcome of the trial.

Tailor Kanhaiya Lal was murdered in June 2022 in Udaipur, allegedly by Mohammad Riyaz and Mohammad Ghous who later released a video claiming that the murder was in reaction to the victim allegedly sharing a social media post in support of former BJP leader Nupur Sharma following her controversial comments on Prophet Mohammed.

The accused were booked under the stringent Unlawful Activities Prevention Act provisions under the Indian Penal Code by the National Investigation Agency (NIA) and trial is taking place before a special court in Jaipur.