Supreme Court refuses to halt release of Udaipur Files movie, declines urgent relief to Kanhaiya Lal murder accused

The Supreme Court on Wednesday refused urgent listing and relief in the plea filed to stop the release of the movie ‘Udaipur Files’ which is based on tailor Kanhaiya Lal Teli's murder in Udaipur.

A vacation bench of Justices Sudhanshu Dhulia and Joymalya Bagchi said that petition filed by Mohammed Javed, one of the accused in Kanhaiya Lal's murder, can be mentioned before the appropriate Bench when the apex court reopens on July 14 after the summer vacation.

The Court also opined that the movie can be released in the meanwhile.

The movie is slated for release on July 11.

The petitioner's counsel said that the movie shows a one sided picture of the events and will prejudice his right to fair trial.

"It is releasing on Friday Trailer was released on July 4. They are showing only prosecution side," the counsel for Javed contended.

"Mention before court concerned on reopening. Let it be released," the Bench remarked while declining urgent listing of the matter.

Kanhaiya Lal was beheaded by two Islamists in Rajasthan's Udaipur.

The assailants recorded the attack on camera and shared it online.

Lal was killed for allegedly sharing a social media post in support of Bharatiya Janata Party spokesperson Nupur Sharma who had made comments against Prophet Muhammad.

The investigation into the case was transferred to the National Investigation Agency (NIA) and 11 persons were booked in connection with the incident.

According to the plea filed by one of the accused (accused no.8), the movie could disturb religious harmony and interfere with the trial in the case.

As per the petition,

"The trailer and promotional material of the said film contain content that is provocative and communally sensitive, which has the potential to disturb the religious harmony of the country and interfere with the ongoing judicial proceedings, as the matter is currently sub judice before a Special NIA Court."

The petitioner has contended that the accused have not yet been convicted and a trailer and movie which portrays the accused as guilty, could hamper the trial.

"Releasing such a trailer at this juncture, portraying the accused as guilty and the story as conclusively true, has the potential to seriously prejudice the ongoing proceedings. It compromises the presumption of innocence and risks influencing public opinion in a manner that could affect the fairness of the trial. This directly impacts the right to a free and fair trial of the Petitioner, as guaranteed under Article 21 of the Constitution of India," it has been submitted.

The plea has sought directions to restrain the release of the movie and to cancel the censor certificate issued by the Central Board of Film Certification (CBFC).

The plea was filed through advocates Pyoli and Ejaz Qureshi.

Another petition against the movie, filed by Jamiat Ulema-i-Hind, is pending before the Delhi High Court.