Centre withdrawing order granting nod to release of film 'Udaipur files', Delhi HC told
Delhi High Court
that it was withdrawing its decision granting nod to the release of the film '
Udaipur Files
- Kanhaiya Lal Tailor Murder', which is scheduled to hit the theatres on August 8.
A bench of Chief Justice
Devendra Kumar Upadhyaya
and Justice Tushar Rao Gedela, which was hearing two pleas challenging the Centre's decision allowing the release of the movie, directed the parties to the revision plea to appear before the government on August 4 and make their submissions.
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The court said no further notice was required to be issued to the parties to appear before the revisional authority, and directed that they should not seek adjournment on their appearance on Monday.
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"After hearing the parties, appropriate decision as per the law should be taken by the revisional authority on the revision petitions by August 6," the bench said.
The court was informed by the counsel for the film's producer that the movie is scheduled to be released on August 8 and they would take some time for making arrangements for releasing it by engaging the theatres.
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Earlier in the day, the court questioned the
Central government
as to under what authority it ordered six cuts in the film while exercising its revisional powers.
The court asked the Centre's counsel to take instructions from the authorities, and heard the matter again in the post-lunch session.
In the second round of the hearing, the Centre's counsel informed the court that they will withdraw their order, revisit the decision and pass a fresh order in accordance with the law.
Noting the submissions, the court disposed of the two petitions filed by Mohammed Javed, one of the accused in the Kanhaiya Lal murder case, and Jamiat Ulema-i-Hind president Maulana Arshad Madani.
The court earlier said the Centre has to exercise the powers within the four corners of the statute and cannot go beyond that.
The court was informed that while exercising its revisional powers under the Cinematograph Act, the Centre had suggested six cuts to the producers of the movie in addition to a disclaimer.
The petitioner's counsel had contended before the court that the Central government exercised its revisional powers in a manner that contravened the statutory scheme of the Cinematograph Act.
Section 6 of the Act grants the Central government revisional powers over film certification.
The Centre's counsel had said the film has undergone a two-step filter, first by the censor board, which suggested 55 cuts, and second by the committee, which further asked for six cuts, totalling 61 cuts.
"There is a body of experts and so it happens in this case that it has undergone a two-stage filter test -- first by the board which suggested 55 cuts. All those cuts were those which had purported generic overtones," he had said.
Javed's counsel had submitted that his right to a fair trial was jeopardised by the release of the film and added that the film's producer has expressly said that the movie is based on the case chargesheet and even the dialogues have been lifted directly from the chargesheet.
The two petitions related to the movie came before the high court following a Supreme Court direction.
The top court directed the petitioners to move the high court against the Centre's revisional order of giving nod for the film's release.
The producers of the film had moved the top court after a high court bench previously stayed the film's release.
The apex court on July 25 said the filmmakers' appeal against the high court order staying the film's release was infructuous as they had accepted the Centre's nod on July 21 for the film's release, subject to six cuts in its scenes and modifications in the disclaimer.
Udaipur-based tailor Kanhaiya Lal was murdered in June 2022, allegedly by Mohammad Riyaz and Mohammad Ghous.
The assailants later released a video claiming the murder was in reaction to the tailor allegedly sharing a social media post in support of former BJP member Nupur Sharma following her controversial comments on Prophet Mohammed.
The case was probed by the NIA and the accused were booked under the stringent Unlawful Activities Prevention Act, besides provisions under the IPC.
The trial is pending before the special NIA court in Jaipur.
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