New Delhi [India], July 28 : The Delhi High Court has listed the petitions related to the movie 'Udaipur Files' for hearing on Wednesday (July 30).
The High Court was informed that a fresh CBFC (Central Board of Film Certification) certificate has not yet been issued. An adjournment was also sought.
The division bench, comprising Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela, stated that the film cannot be released without a certificate. An adjournment is also sought, so list the matter for the day after tomorrow.
During the hearing on Monday, the bench asked the counsel for CBFC, "Has a re-certificate been issued by CBFC?" On this query, it was informed that the application has been made after making cuts recommended by the Central government on July 21. The fresh certificate issued still awaited.
At the outset of the hearing, Additional Solicitor General (ASG) Chetan Sharma, representing the Central Government, and senior advocates Gaurav Bhatia and Pulkit Agarwal, representing the film producer, submitted that no stay has been granted by the Supreme Court on the release of the movie. They insisted that the court hear the matter.
On the other hand, senior advocate Menaka Guruswamy, alongwith Advocate Piyoli, appeared for Mohd. Javed, who is an accused in the murder case of Kanhaiya Lal and is on bail.
It was submitted that the movie should not be released as it would affect his right to a fair trial, and there is apprehension about the safety of his life.
There is some argument among counsel. At this point, the bench said that it is requested to submit one by one. Please don't overwhelm your arguements. It is a case. Keep it simple.
On July 25, the Supreme Court had demanded back the petitions filed before it to the Delhi High Court.
The parties had approached the central government pursuant to the order of the High Court. He has made the changes recommended by the Central government. Film producer has applied for the new certificate.
On July 10, the High Court had ordered a stay on the release of the film "Udaipur Files: Kanhaiya Lal Tailor Murder", which was scheduled to hit theatres on July 11.
The High Court had said that 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 had 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 had argued that the film's release could disturb communal harmony and posed a serious threat to public order, given the sensitive nature of the subject.
The Court had 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 grant of interim relief is decided, there shall be a stay on release of the film," the bench stated.
The movie 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 have 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.