Latest news with #UdaipurFiles:KanhaiyaLalTailorMurder
Time of India
3 days ago
- Time of India
Take call by Monday on screening of Udaipur Files: Supreme Court to I&B ministry
Supreme Court NEW DELHI: Supreme Court on Wednesday asked the special committee constituted by the ministry of information and broadcasting to decide by Monday pleas opposing screening of censor board-cleared 'Udaipur Files: Kanhaiya Lal Tailor Murder' on the ground that the movie, based on the beheading of the Udaipur tailor for allegedly blaspheming Prophet Muhammad, marked shocking and vicious vilification of Muslims. Senior advocate Kapil Sibal, who appeared for Maulana Arshad Madani, and senior advocate Menaka Guruswamy, who appeared for prime accused in Kanhaiya Lal's beheading case Mohammad Javed, argued against release of the film alleging that it vilified a particular community, would prejudice the trial in the murder case, put the accused's life in danger and also derogated the judiciary. A bench of Justices Surya Kant and Joymalya Bagchi also asked the police to ensure protection of the producer of the film and his son who have received death threats. For the film producer, senior advocate Gaurav Bhatia told the bench that the film was cleared by Central Board of Film Certification (CBFC) after incorporation of 55 cuts. He said the petitioners moved Delhi HC at the eleventh hour to stall release of the film, adding that the producer was suffering huge losses apart from stifling of his free speech. Terming the case a contest between right to free speech and right to life, the Justice Kant-led bench asked the committee constituted by the I&B ministry to decide Madani's representation against the release of the film by Monday, the next date of hearing. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like This Could Be the Best Time to Trade Gold in 5 Years IC Markets Learn More Undo It also allowed counsel for the main accused in the beheading case to participate in the proceedings before the committee. The bench those who apprehend the trial getting prejudiced had a right to be heard. It also considered the threats allegedly received by the producer and his son warning them against releasing the film. The SC asked the police to evaluate the threat perception and take appropriate steps to protect them. Sibal said he, as counsel for Madani, had watched the film during an HC-ordered special screening. "Once I saw the movie, I was shaken in every sense. It is a complete thematic dissertation of hate." The bench pointed to Sibal's advocacy of free speech and recalled telling the senior advocate that he would one day be arguing against free speech. This is one such occasion, Justice Kant said. Sibal said, "See the movie. It is something that generates violence... seeds violence. It is complete vilification of one community and not one positive aspect of the community is projected in the movie - violence, homosexuality, denigration of women. It is unthinkable that a democratic nation would allow screening of such a film." Bhatia said, "Beheading of the tailor and posting of its video on social media had more than one crore views. Videos were released prior to the beheading and after accomplishment of the sinister and gruesome act. None of the petitioners protested such a posting of video on social media. The film gives a message of communal harmony and is an appeal against violence." Kanhaiya Lal had apologised for forwarding the post that the killers dubbed as sacrilegious. Guruswamy said the accused Javed would be completely prejudiced during the trial if the film was released. "Free speech cannot be allowed to vitiate fair trial," she said, adding that certain remarks in the film by touching upon two sub-judice cases - the tailor beheading and Gyanvapi - also brought the judiciary into disrepute. Justice Kant said the SC was not bothered about derogatory remarks against the judiciary, as it was used to daily bashing by so-called intellectuals. "We are used to this kind of bashing every day. Our judicial officers are not school-going children or adolescents to get affected by a movie or get swayed by a few dialogues in a film to decide a case. We are confident about their ability, competence, objectivity and the sense of detachment they carry," he said.
India Today
3 days ago
- Entertainment
- India Today
Controversy may help film's performance: Top court defers 'Udaipur Files' hearing
The Supreme Court on Monday deferred the hearing on petitions relating to the controversial film 'Udaipur Files: Kanhaiya Lal Tailor Murder', observing that the ongoing row could actually aid its performance."If there is a controversy, the movie is likely to perform well," Justice Surya Kant remarked, in a lighter vein, while hearing the matter alongside Justice Joymalya bench was hearing two petitions - one filed by Mohammad Javed, an accused in the Kanhaiya Lal murder case, and the other by the makers of the film challenging the Delhi High Court's stay on its The court said it would await the outcome of the proceedings before the Centre and posted the matter to next Monday, July 21. "We expect that the committee constituted by the Centre will hear the matter immediately, without any loss of time."The court allowed Javed, who was not a petitioner before the Delhi High Court, to appear before the committee. "We also permit Mohd Javed, as petitioner, to appear before the committee." The committee hearing was scheduled for 2:30 PM on the time of writing, the meeting of the Ministry of Information and Broadcasting committee was underway, with representatives of the filmmaker, a representative of Kanhaiya Lal's son, members of Jamiat Ulema-i-Hind, and the lawyer for the accused Mohammad Javed in Advocate Menaka Guruswamy, appearing for Mohammad Javed, said the film dealt with two sub judice matters - the Kanhaiya Lal murder case and the Gyanvapi case."The movie portrays the judiciary as well in a certain way. The movie is bordering on hate, and bringing the judiciary into disrepute. There is much at stake. They can't claim free speech to violate fair trial or lower judiciary's reputation."She said, "It is something that generates violence. It's vilification of a community. Not one positive aspect about the community shown."Senior Advocate Kapil Sibal, appearing for Jamiat Ulema-i-Hind President Maulana Arshad Madani, said, "When HC asked us, I personally saw the movie. I was shaken in every sense of the word. If any judge were to see it, they will be shocked. Its complete theme is of hate against the community... Not one positive aspect about the community shown... homosexuality, judicial matters, treatment of women... A democratic nation certifying such movie... unimaginable.""I had watched the movie... It's a thematic dissertation of hate... I am normally on the other side to say it should not be stopped... Please see the movie. It is something that generates violence-seeds violence-it's vilification of an entire community-violence, hate, homosexuality, denigration of women, child abuse by one community-unthinkable that a democratic nation would allow such a movie to be certified," Sibal Kant responded, "Our judicial officers are not school-going children that they can be swayed by movie dialogues... absolutely confident about their objectivity... sense of detachment." He also said, "I was wondering how Mr Sibal found time to see the movie."advertisementSenior Advocate Gaurav Bhatia, appearing for the producers, told the court, "I got a valid certificate from CBFC... they didn't go to the valid authority... went to the High Court on the last date without even disclosing legitimate interest."He said, "My film was supposed to release at midnight. The order came at 8 pm. Nearly 1,750 theatres across India had booked the movie. We lost six crucial days."He also submitted that "the producer and director of the film as well as the son of the victim who was brutally murdered in 2022 are getting repeated threats to their life." The court directed the police to assess the threat perception and take steps to protect Kant said, "Balance of convenience is in their favor... if movie is released, it can lead to irreparable loss... but if there is delay, you can be compensated." The court noted that Section 6 of the Cinematograph Act gave the central government the power to suspend or revoke court observed, "If the film is released then both these pleas are infructuous... the revision petition before the government is also infructuous."It added, "We have impressed on the counsels for the parties to join the proceedings before the government committee and extend their cooperation for speedy disposal."The Delhi High Court had earlier said, "The high court vide impugned judgment has not expressed any opinion on the merits, especially regarding the allegations regarding content of the movie." The order was passed in a batch of pleas, including one filed by Maulana Arshad Madani, who contended that the film was communally Lal Teli, an Udaipur-based tailor, was murdered in June 2022, allegedly by Mohammad Riyaz and Mohammad Ghous, who claimed it was in retaliation for a social media post in support of former BJP leader Nupur Sharma. The case was taken up by the National Investigation Agency and is under trial before a special NIA court in Jaipur. The film is based on these events.- Ends
NDTV
4 days ago
- Entertainment
- NDTV
"Right To Life Over Right To Speech": Top Court On Release Of Udaipur Files
New Delhi: The Supreme Court on Wednesday asked the Centre's committee to take its decision in petitions related to the controversial movie "Udaipur Files: Kanhaiya Lal Tailor Murder", "immediately, without loss of time", considering the urgency expressed by the makers of the film. When the filmmakers contended that the Delhi High Court erred in stalling the film's release as the stay order violated the makers' right to freedom of speech and expression, the top court remarked that Article 21 (Fundamental Right to Life) will precede Article 19 (Fundamental Right to Freedom of Speech and Expression). The Bench of Justice Surya Kant and Justice Joymalya Bagchi asked filmmakers to await the Central government's decision, which is scheduled to hear objections against the movie later in the day, as it adjourned the hearing of the petitions related to the matter to next Monday. "The Competent Authority (of the Central government) has taken cognisance of the revision petition over the release of the film pending before it and will be heard at 2:30 pm today," the court stated. The court told the filmmakers that the accused in the Kanhaiya Lal tailor murder case-- Mohammad Javed--can't be compensated for the loss of reputation if the film is released, but the filmmakers can be monetarily compensated. Justice Kant further remarked that in the film business, it's known that the more suspense around the movie, the better it is. Senior counsel Gaurav Bhatia, appearing for filmmakers, has submitted that the producer and director of the film, as well as the son of late Kanhaiya Lal, were receiving death threats. The Court allowed them to make a representation to the police of the area, who were directed to assess the threat perception and do the needful to prevent harm if there is substance in their apprehension. The top court was dealing with two petitions - one writ petition filed by one of the accused in the Kanhaiya Lal Teli murder case (on which the movie is based), and the second, filed by the makers of the movie challenging the Delhi High Court order staying the release of the movie. The bench asked the Centre's committee to take a decision immediately without loss of time after hearing all the parties. The Court also allowed Mohammad Javed to present his arguments before the committee through his counsel. "We permit Mohammad Javed (accused before the Court) to enter appearance through counsel before the central government in the pending revision petition, and we direct the committee to afford hearing to him as well. Having regard to the nature of the proceedings, we expect that the Committee will decide the revision petition immediately without any loss of time," the bench said. The film was scheduled to be released on July 11. On July 10, the Delhi High Court stayed the release till the Centre decides on pleas seeking a permanent ban over the film's potential to "promote disharmony" in society. The petitions, including one filed by Jamiat Ulama-i-Hind president and Darul Uloom Deoband principal Maulana Arshad Madani before the high court, claim that a trailer of the movie released on June 26 was replete with dialogues and instances that had led to communal disharmony in 2022, and carries every potential to stoke the same sentiments again. 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 leader Nupur Sharma following her controversial comments on Prophet Mohammed. The case was probed by the National Investigation Agency (NIA), and the accused were booked under the stringent Unlawful Activities Prevention Act, besides provisions under the Indian Penal Code. The trial is pending before the special NIA court in Jaipur.
Time of India
5 days ago
- Entertainment
- Time of India
Supreme Court to hear plea for 'Udaipur Files' release 'in a day or two'
Supreme Court NEW DELHI: Supreme Court on Monday told producers of the film 'Udaipur Files: Kanhaiya Lal Tailor Murder', screening of which has been stayed by Delhi high court , that it will hear its plea for release of the movie in the theatres "within a day or two". Senior advocate Gaurav Bhatia appealed to a bench of Justices Surya Kant and Joymalya Bagchi for urgent hearing on the special leave petition by Meerut-based producer 'Jani Firefox Media' challenging the high court's July 10 order stalling release of the film despite the censor board clearing its screening with certain cuts. Bhatia said the high court order came on a petition by Maulana Arshad Madani, who claimed the film was an attempt to vilify an entire community, even though the storyline of the movie is based on a true incident of beheading of Kanhaiyalal by two Muslim men in June 2022 for sharing a post on Prophet Mohammad, and that the producers had carried out cuts suggested by CBFC. The high court had disposed of Madani's petition by permitting him to appeal against permission to release the film before Union government. It had said, "Since we are relegating the petitioner to remedy of revision under Section 6 of Cinematograph Act, we direct that till the application for interim relief, if made by the petitioner along with the revision petition under Section 6, is decided by central govt, release of the film shall remain stayed. " The film producer through advocate Pulkit Agarwal cited several SC judgements which had laid down the principle that a film cleared by censor board cannot be stalled from being screened in theatres unless there is an explicit violation which squarely fell within 'reasonable restrictions' on right to free speech specified under Article 19(2) of the Constitution.
India Gazette
5 days ago
- Entertainment
- India Gazette
"We have pleaded": Advocate Pulkit Agarwal on Supreme Court agrees to hear plea of 'Udaipur Files' release
New Delhi [India], July 14 (ANI): The Supreme Court has agreed to hear a plea filed by the producers of the movie 'Udaipur Files: Kanhaiya Lal Tailor Murder' challenging the Delhi High Court's order that stayed its release. The plea was mentioned by Senior Advocate Gaurav Bhatia on behalf of the producer of the movie, who stated that the CBFC has already approved the said film and its non-release is violating his fundamental right. On the Supreme Court agreeing to hear the plea against the stay on the release of 'Udaipur Files: Kanhaiya Lal Tailor Murder', Advocate Pulkit Agarwal told the media, 'We have pleaded that the High Court's order, which has stayed the release of the movie, needs to be set aside. We have prayed to the Supreme Court to grant the release of this movie. Senior Advocate Gaurav Bhatia mentioned the matter on behalf of the producer. The court observed orally that the matter would be listed within 2-3 days...' The Delhi High Court recently stayed the release of the movie one day before its official release date. The Delhi High Court on Thursday, July 10, ordered a stay on the release of the film. The stay will remain in effect until the Central Government decides on the revision application filed by Jamiat Ulema-i-Hind against the certification granted by the Central Board of Film Certification (CBFC). A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Anish Dayal passed the interim order while hearing two petitions, one by Jamiat Ulema-i-Hind and another by journalist Prashant Tandon, challenging the CBFC's decision to grant certification to the film. The petitioners argued that the film's release could disturb communal harmony and pose a serious threat to public order, given the sensitive nature of the subject. The Court observed that since the petitioners had been relegated to invoke the revisional remedy under the Cinematograph Act, 1952, the release of the film must remain stayed until a decision is made on their application for interim relief. 'We provide that till the grant of interim relief is decided, there shall be a stay on the release of the film,' the bench stated. 'Udaipur Files' is based on the 2022 murder of Kanhaiya Lal, a tailor in Udaipur, Rajasthan, who was brutally killed in broad daylight by two men allegedly angered by a social media post in support of former BJP spokesperson Nupur Sharma. The incident had triggered national outrage and raised serious concerns about radicalisation and communal violence. The petitioners contended that the film sensationalises the incident and may further inflame tensions. They also raised concerns over the timing of the release, just ahead of upcoming elections in several states. The Court, while not going into the merits of the film itself, held that the legal procedure for challenging CBFC certification must be followed and ensured that no irreparable damage occurs in the interim. (ANI)
