‘Will do a fresh review of ‘Udaipur Files': Centre; Delhi HC asks to take final decision by August 6
The Centre made the submission on the instruction in a petition by Mohd Javed, an accused in the murder of Kanhaiya Lal on the alleged communal grounds, on which the film is purportedly based.
The Division Bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela, while recording the Centre's submission that it will withdraw its recommendation dated July 21, directed the government to hear the parties on Monday, August 4, and take the final decision by August 6.
It further clarified that no adjournment shall be sought on the day of the hearing.
The court's directions towards a time-bound decision came after the producers of the film told the Bench that they have slated the film for release on August 8, and if not released on the scheduled day, the release may not be possible for the next six months.
The Bench had earlier sought a response from the Centre on how it could have recommended for six cuts to the film, when the Centre's revisional powers over the Central Board of Film Certification (CBFC) can only be limited to either deeming the film to be an uncertified film in the whole or any part of India, or change the rating of certification, or may suspend the exhibition of the film.
The Centre, through Additional Solicitor General (ASG) Chetan Sharma, Friday argued that it had 'done no more than recommend' for the cuts, and no official notification was issued in this regard, and thus in effect they had not exceeded their revisional jurisdiction and the aggrieved parties' petitions seeking a review before the Centre will be considered as dismissed.
This argument, however, did not cut teeth with the Bench. Chief Justice Upadhyaya orally remarked, 'Now since you didn't issue notification, the revision petition will be deemed dismissed, that's a difficult argument to accept..it will not amount to dismissal.'
After the Bench orally opined that the Centre may have exceeded its revisional authority and may have instead ventured into what can be construed as general administrative powers, the Centre stated that it would take instructions while conceding that the court, if it deems fit, may set aside the Central Government's decision and relegate the parties afresh to its revisional jurisdiction.
Subsequently, at 2.30 pm, the Centre said that it would withdraw its decision and can take a decision afresh, in compliance with the provisions of the Cinematograph Act.
Earlier in July, Darul Uloom Deoband principal Maulana Arshad Madani also filed a Public Interest Litigation (PIL) in the Delhi HC, alleging that the movie is 'replete with dialogues and instances that had led to communal disharmony… and carry every potential to again stoke the same communal sentiments.' The court had asked Madani to approach the Central Government to seek a review of the CBFC nod for the release.
The Delhi HC had noted that provisions under the Cinematograph Act empower the Centre to exercise revisional powers over CBFC certification of a film.
The Delhi HC on July 10 had temporarily stayed the release of Udaipur Files while granting those aggrieved by the purported portrayal in the film, vilifying Muslims to represent before the Centre to seek a review of the CBFC's decision to grant a certificate greenlighting the release of the film.
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