The Supreme Court on Wednesday refused to urgently list a plea challenging the release of the movie Udaipur Files: Kanhaiya Lal tailor murder, stating, “Let the film be released.”’
A bench of Justices Sudhanshu Dhulia and Joymalya Bagchi made the remark after a counsel for one of the accused in the 2022 murder case argued that the film's release would prejudice the ongoing trial. “You mention the plea before the regular bench upon reopening (after summer vacation),” the bench said.
The plea was filed by Mohammed Javed, the eighth accused in the case, who contended that the film, based on its trailer, appeared “communally provocative” and would violate his right to a fair trial. He sought a stay on its release until the trial comes to a close.
Kanhaiya Lal, a tailor from Udaipur, was murdered in June 2022, allegedly by Mohammad Riyaz and Mohammad Ghous, who claimed it was retaliation for the victim sharing a social media post in support of former BJP leader Nupur Sharma. The case, probed by the National Investigation Agency (NIA), is pending before a special NIA court in Jaipur, with charges under the Unlawful Activities Prevention Act (UAPA) and the Indian Penal Code.
‘Appears to fuel communal disharmony’
Meanwhile in Delhi, the High Court heard a Public Interest Litigation (PIL) filed by Jamiat Ulama-e-Hind president Maulana Arshad Madani seeking a ban on the movie. The petition claims the film promotes communal disharmony and violates the dignity of an entire community.
Senior Advocate Kapil Sibal, appearing for the petitioners, said that while freedom of expression is protected, “the film’s intent appears to fuel communal disharmony” and portrays “an entire community in a prejudicial manner.” He added, “The whole tenor of the film is to fuel disharmony. The entire purpose of the movie is to target the entire community.”
The Central Board of Film Certification (CBFC), represented by Additional Solicitor General (ASG) Chetan Sharma, informed the court that “offending portions” had been removed. "Whatever allegations are there, all are taken out by the central board from the movie," Sharma stated.
The court recorded this submission and directed the producer to arrange a private screening of the censored version of the film and trailer for the counsels representing the petitioners. “You (Sibal) view what cuts are made. View the movie. Then come tomorrow,” the bench said.
When the producer's counsel expressed concern that the petitioners might still object after the screening, the court remarked, “Can the screening of the movie take away their right to challenge the certificate of the film? What is this?”
The trailer, which has since been removed, allegedly portrayed the murder as having been committed with the complicity of Muslim religious leaders, the petitioners claim. They also allege the film includes objectionable scenes depicting Muslim clergy in a derogatory light.
The film is scheduled to be released on July 11. Apart from the producers and director, platforms such as Google, X, Meta and Reliance Entertainment Pvt Ltd have also been made parties in the case.