Centre to take fresh call on Udaipur Files movie after Delhi High Court questions power to order cuts

The Delhi High Court on Friday ordered the Central government to re-examine Udaipur Files, a movie based on the murder of Rajasthan-based tailor Kanhaiya Lal, by August 6 (Wednesday).

The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela passed the direction after the government said it will withdraw the earlier order for cuts in the movie and take a fresh decision on the movie in accordance with the law.

The Court had earlier questioned the Central government's power to order cuts in the movie in exercise of its revisional jurisdiction under Cinematograph Act.

Since the movie producers said they want to release the movie on August 8, the Court directed the Centre to hear the parties - those for and against the movie - on August 4 (Monday) next week and take appropriate decision by Wednesday.

The Court was hearing petitions challenging the movie release. Jamiat Ulema-e-Hind President Maulana Arshad Madani and one of the accused in Kanhaiya Lal murder case approached the Court, stating that the movie vilifies Muslims and would affect the right to fair trial of the accused in the Kanhaiya Lal murder case.

Kanhaiya Lal, a tailor, was murdered by two assailants in June 2022 after he put up a WhatsApp status supporting BJP leader Nupur Sharma over certain controversial remarks she made on Prophet Muhammad. Udaipur Files was earlier scheduled for a July 11 release.

The High Court had earlier stayed the film's release and directed the Central government to exercise its revisional powers under Section 6 of the Cinematograph Act to re-examine the movie.

This prompted the film's producers to approach the Supreme Court in appeal. The top court did not interfere with the High Court decision, following which a committee set up by Central government went ahead with examining the movie. The panel recommended the release of the movie with certain changes.

The Central government then asked the movie producers to implement the same. This led to a fresh challenge before the High Court.

On July 30, the Court had asked the Additional Solicitor General (ASG) Chetan Sharma to answer the argument that Central government, while exercising its revisional powers under Cinematograph Act, acted as an appellate board in the case by ordering changes in the movie.

The issue related to the re-examination of the movie was raised by Senior Advocate Menaka Guruswamy, who represented Mohammed Javed, one of the accused in the Kanhaiya Lal murder case.

During the last hearing, she said that the Central government's revisional powers under Section 6 are limited.

"The Central government cannot suggest cuts, modify dialogue, disclaimer, basically become film board like in this case. The Central government does not have the statutory power to become a master director of this film by saying 'remove certain dialog, remove certain disclaimers, use these words in the disclaimer, change the content of this, I'm going to make a few cuts and you release the film'," she added.

The Court today pressed with its line of questioning on the said issue.

"Where did you derive this power...where is your authority to make a recommendation to the Board to revise? Is there any authority to available to you?" the Court asked today

In response to the query, ASG Sharma referred to the Cinematograph (Certification) Rules. However, the Court pointed out that those rules to pertain to the Central Board of Film Certification (CBFC) and its revising committee.

"Any reference to Rule 22, 23, 25 the manner in which revisional power is to be exercised is highly misplaced," the Court said.

Sharma then conceded that the decision can be set aside by the Court and fresh decision will be taken by the Union government in accordance with the law.

Meanwhile, the counsel representing the producer said it will again delay the release of the movie.

"It can be done within 24 hours," Senior Advocate Gaurav Bhatia said, adding that the movie can be release on Friday.

He further said that otherwise, the movie cannot be released for next six months.