The Supreme Court on Friday asked the Delhi High Court to hear on July 28 the petitions challenging the release of the film “Udaipur Files – Kanhaiya Lal Tailor Murder”, which is based on the 2022 murder of tailor Kanhaiya Lal in Rajasthan.
A Bench of Justice Surya Kant and Justice Joymalya Bagchi asked the petitioners opposing the release of the film to approach the High Court, noting that the Central government had already reviewed the movie and permitted its release with certain modifications.
“First go to the High Court and pursue the matter there, then come here. Now the other side says the producer is satisfied with the government order and does not want to pursue the case here. So, you go to the High Court now. Why waste our time?” the Court remarked.
The Supreme Court was hearing cross-petitions both supporting and opposing the film’s release. The movie’s producers had approached the Supreme Court challenging a Delhi High Court order that had stayed the release of the movie and directed the Central government to review it using its revisional powers under Section 6 of the Cinematograph Act.
After the Supreme Court on July 16, allowed the Centre to proceed with its review, a government-appointed panel examined the film and recommended certain changes, following which the government permitted its release.
The petitions against the movie were filed by Jamiat Ulema-e-Hind President Maulana Arshad Madani and Mohammed Javed, one of the accused in the Kanhaiya Lal murder case.
They have now challenged the Central government’s clearance of the film.
Senior Advocate Kapil Sibal, appearing for Madani, informed the Court that the revised approval by the Central government would be contested before the Delhi High Court. Senior Advocate Menaka Guruswamy, representing Mohammed Javed, also agreed that the appropriate forum for further legal challenge was now the High Court.
Kanhaiya Lal, a tailor in Udaipur, was brutally murdered by two individuals in June 2022 after he had posted a WhatsApp status in support of former BJP spokesperson Nupur Sharma, whose remarks about Prophet Mohammad had sparked controversy.
The film Udaipur Files was initially scheduled for release on July 11.
Days before the release, Madani had approached the Delhi High Court seeking a ban on the film, claiming it portrayed the Muslim community in a derogatory and vilifying manner. The High Court stayed the release to allow the government to re-examine the film in accordance with its statutory powers. That order was subsequently challenged by the filmmakers in the Supreme Court.
Appearing for the producers, Senior Advocate Gaurav Bhatia opposed any further stay on the release of the film. “The Supreme Court has always lifted such stays. Why should this Court grant a stay now? They can argue before the High Court. I have already lost 12 days. The authority has already passed an order,” he submitted.
On a lighter note, Justice Surya Kant remarked, “Twelve days is no loss. The more the publicity, the better it is for the movie.”
Bhatia responded sharply, criticising Madani for allegedly acting as a “super censor” in similar past cases. “Around 1,200 screens were booked. Money has been invested. What are we encouraging? That if anyone’s feelings are hurt, they go to court and get a stay?”
Ultimately, the top court declined to weigh in on the stay aspect, deferring the matter entirely to the Delhi High Court. “It is clarified that this Court has not expressed any opinion on the merits. The High Court shall be at liberty to pass an order which it deems fit,” the Bench said in its concluding order.