Centre suggests six cuts in movie 'Udaipur Files', Supreme Court continues stay its release
"In personal opinion any further action than what has been recommended by the competent authority will be infringing Article 19. I have gone through the order," Solicitor General Tushar Mehta informed a bench of Justices Surya Kant and Joymalya Bagchi.
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The top court asked Mehta to place the order on record.
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Senior advocate Gaurav Bhati, appearing for filmmakers, submitted the Centre was exercising its revisionary jurisdiction and recommended six cuts in film scenes and they have been complied with.
Justice Kant told Bhatia that film producers would have to comply with the directions of cutting the scenes, unless they wished to challenge the order.
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Senior advocate Maneka Guruswamy, appearing for accused Mohd Javed, seeking the stay on the movie's release, said the interim stay should continue till the apex court decided the issue.
The bench went ahead to continue the stay till further orders and posted the hearing on July 24.
On July 16, the top court asked the filmmakers to await the decision of the Centre-appointed panel to hear objections against the movie.
The top court told the filmmakers while the accused in the Kanhaiya Lal tailor murder case couldn't be compensated for the loss of reputation if the film releases, the filmmakers could be compensated in monetary terms.
The high court on July 10 stayed the film's release on a plea of Jamiat Ulema-i-Hind president Maulana Arshad Madani, invoking powers of the Central Government under Section 6 of the Cinematograph Act, 1952, till the representation is decided by the Central Government, for which the high court granted one week time.
The top court had asked the Centre's panel to take a decision immediately without loss of time after hearing all the parties and ordered to give a hearing to the accused in the murder case.
The top court also directed the superintendent of police of the jurisdiction concerned to assess the threat perception and take necessary action in providing life and property of family members of filmmakers and the son of a tailor, who were reportedly receiving threats.
The filmmakers claimed of having received a Central Board of Film Certification (CBFC) certificate with the board suggesting 55 cuts and the film was due to be released on July 11.
The top court said despite the film receiving the CBFC certificate, the Centre had the power to suggest further cuts in scenes or even stop the film from screening and one should await the decision of the competent authority.
Udaipur-based tailor Kanhaiya Lal was murdered in June 2022 allegedly by Mohammad Riyaz and Mohammad Ghous.
The assailants later released a video claiming that 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 IPC.
The trial is pending before the special NIA court in Jaipur.
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