'Udaipur Files': SC defers hearing to Jul 21, asks filmmakers to await Centre's decision

New Delhi: The Supreme Court on Wednesday deferred to July 21 the matter over the movie "Udaipur Files - Kanhaiya Lal Tailor Murder" and asked the filmmakers to await the decision of the Centre-appointed panel to hear objections against the movie.

A bench of Justices Surya Kant and Joymalya Bagchi told the filmmakers that while the accused in the Kanhaiya Lal tailor murder case couldn't be compensated for the loss of reputation if the film releases, the filmmakers could be compensated in monetary terms.

The bench was hearing an appeal of the filmmakers against the Delhi High Court's July 10 stay on the film's release on a plea of Jamiat Ulema-i-Hind president Maulana Arshad Madani, invoking powers of the Central Government under Section 6 of the Cinematograph Act, 1952, till the representation is decided by the Central Government, for which the high court granted one week time.

The central panel is scheduled to meet at around 2.30 pm on Wednesday.

The filmmakers challenged the Delhi High Court order staying the release of the movie.

The bench asked the Centre’s panel to take a decision immediately without loss of time after hearing all the parties.

The panel was further ordered to give a hearing to the accused in the murder case.

The top court also directed the superintendent of police of the jurisdiction concerned to assess the threat perception and take necessary action in providing life and property of family members of filmmakers and the son of tailor, who were reportedly receiving threats.

Senior advocate Menaka Guruswamy, appearing for accused Mohammad Javed, sought the stay on the film's release saying it would jeopardise his right of a fair trial.

Senior advocate Kapil Sibal, representing Madani, said he had watched the movie and it had "too much hatred" against a particular community.

"I saw the movie in the direction of the high court and I must say there was so much vilification against one community. Then they say that they have been given certification. I wish judges should also see the movie," Sibal said.

Senior advocate Gaurav Bhatia, appearing for filmmaker, said they received a Central Board of Film Certification (CBFC) certificate with the board suggesting 55 cuts.

The bench said despite the film receiving the CBFC certificate, the Centre had the power to suggest further cuts in scenes or even stop the film from screening and one should await the decision of the competent authority.

Justice Kant pointed said the balance of convenience was in the favour of the accused and those opposing the release of the movie.

If the film released without giving them opportunity to oppose, he said, their petitions would be infructuous and lead to irreparable loss.

The film was slated to release on July 11.

The top court order observed the high court did not express any opinion on merits, especially with respect to the contents or nature of the movie but in fact relegated the petitioner (Madani) to avail the statutory remedy of revision petition under Section 6 of the Cinematograph Act, which vests adequate and substantial powers with the Central government, including to declare a film to be uncertified.

"It goes without saying that the Centre is also empowered to issue interim measures such as suspension of film from exhibition. With a view to enable the respondent 1 to avail the aforesaid remedy, the high court as an interim measure directed that the release of the film shall remain stayed till the revision petition under Section 6 of 1952 Act is decided by the Central government," it said.

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

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

The case was probed by the NIA and the accused were booked under the stringent Unlawful Activities Prevention Act, besides provisions under IPC.

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