Delhi HC directs 'Udaipur Files' producers to arrange movie screening for those seeking ban on it

New Delhi: The Delhi High Court on Wednesday directed the producer of "Udaipur Files", a movie based on tailor Kanhaiya Lal murder case, to arrange its screening for those seeking a ban on it.

The court's direction came after the Central Board of Film Certification (CBFC) as well as the makers of the movie claimed that objectionable portions have been removed from the film.

The bench was hearing petitions claiming that the movie has potential to inflame communal tensions and disrupt public order in the country.

A division bench of Chief Justice DK Upadhyaya and Justice Anish Dayal directed the producers to arrange the screening for the counsel representing the petitioners on Wednesday itself and suggested the parties to examine the censored version and return to court on Thursday.

Senior advocate Kapil Sibal, appearing for the petitioners, said while free speech is protected, "the film's intent appears to fuel communal disharmony".

"Film's overall tone remains problematic, urging the court to view it in full," Sibal told the court.

ASG Chetan Sharma, appearing of the Ministry of Information and Broadcasting and the CBFC, responded that the censor board had already removed the flagged content.

"Whatever allegations are there, all are taken out by the central board from the move," the ASG said.

Sibal, however, said even though certain parts are removed, "the whole tenor of film is to fuel disharmony. The entire purpose of the movie is to target the entire community, fuel disharmony." Sibal then urged the court to "keep a viewing" of the film.

"You (Sibal) view what cuts are made. View the movie. Then come tomorrow," the court said, while directing the producer to arrange the screening for the counsel.

The judge added, "You (producer) are saying you have removed offending parts. Maybe after viewing he (Sibal) won't have objection." The petitions, including one filed by Maulana Arshad Madani, Jamiat Ulama-i-Hind president and principal of Darul Uloom Deoband, have claimed that a trailer of the movie released on June 26 was replete with dialogues and instances that had led to communal disharmony in 2022, and carries every potential to again stoke the same communal sentiments.

The producer on Wednesday, meanwhile, informed the court that the trailer had been removed.

In response, Sibal said the damage is already done.

The petitioner said while the murder of Lal was carried out by two fanatics, the trailer seeks to "falsely" portray the same as being carried out with the complicity of religious heads/leaders of the community.

The petition also claimed that the film violates the constitutional morality by weaponising the freedom of expression to weaken the constitutional vision of a plural, inclusive, and secular India, and instead attempts to mainstream narratives that deepen social and religious divisions.

"Artistic expression, no matter how evocative, cannot be permitted to become a vehicle to crush fraternity and uproot the ethical foundations of the nation as enshrined in the Constitution," it said.

Lal, an Udaipur-based tailor, was murdered in June 2022, allegedly by Mohammad Riyaz and Mohammad Ghous.

The assailants had later released a video claiming the murder was in reaction to the tailor allegedly sharing a social media post in support of former BJP leader Nupur Sharma after her controversial comments on Prophet Mohammed.

The case was probed by the National Investigation Agency (NIA) and accused were booked for offence under the stringent Unlawful Activities Prevention Act (UAPA) besides provisions under the Indian Penal Code.

The trial is pending before the special NIA court in Jaipur.