Supreme Court asks Delhi High Court to hear challenge against Udaipur Files movie on Monday

The Supreme Court on Friday urged the Delhi High Court to hear the petitions challenging the release of Udaipur Files, a movie based on the murder of tailor Kanhaiya Lal, on July 29.

A Bench of Justices Surya Kant and Joymalya Bagchi asked the petitioners to approach the High Court after the Central government allowed the movie release with certain modifications.

"First go to HC and pursue and then come here. Now other side says he [movie producer] is satisfied with central government order and he does not want to pursue the case here. So you go to HC now. Why waste our time," the Court remarked.

The Court was hearing pleas filed both for and against the release of the movie.

The petition seeking release of the movie was filed by movie producers against a Delhi High Court order that had stayed the release of the movie and asked the Central government to review it first.

However, the top court allowed the government to go ahead with the examination. A panel appointed by the government then asked the movie producers to make certain changes before its release.

The petitions against the movie were filed by Jamiat Ulema-e-Hind President Maulana Arshad Madani and Mohammed Javed, one of the accused in the Kanhaiya Lal murder case.

They have now sought to challenge the Central government decision to allow the movie release. Senior Advocate Kapil Sibal, representing Madani, said that they can challenge the fresh clearance before High Court.

Senior Advocate Menaka Guruswamy, representing Javed, also agreed to take the challenge to High Court.

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 Mohammad. Udaipur Files was earlier scheduled for a July 11 release.

Days before the release, Madani moved a plea before the Delhi High Court seeking a ban of the movie on the ground that it vilifies the Muslim community.

The High Court stayed the film's release so that the Central government could 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. With today’s order, the case will go back to Delhi High Court for a second round.

Senior Advocate Gaurav Bhatia, representing the movie producers, today opposed any further stay on the movie release.

"Supreme Court has always lifted such stays. Why should this court grant stay? They can argue in HC and get a stay. I have already lost 12 days. Authority has also passed an order," he submitted.

However, the Court on a lighter note remarked that the case has only meant more publicity for the movie.

"12 days no loss. More the publicity more better for the movie," Justice Kant remarked.

However, Bhatia, while referring to Madani, said he always acts as a super censor whenever such movies are released.

"Around 1200 screens were booked money invested and what are we encouraging ? That anyone feelings hurt and you approach court and get a stay," he said.

Ultimately, the Court did not decide on the stay aspect and left it to the High Court.

"It is clarified that this Court has not expressed any opinion on merits. The High Court shall be at Liberty to pass an order which it deems fit," the top court recorded in the order.