The Delhi High Court on July 8 heard petitions filed by Jamiat Ulama-i-Hind and others seeking an urgent stay on the release of the film “Udaipur Files”, which depicts the beheading of Hindu tailor Kanhaiya Lal in Udaipur. The film, the petitioners allege, “promotes communal hatred” and could potentially disrupt public order.
The Bench of Chief Justice DK Upadhyay and Justice Anish Dayal presided over the matter and directed a private screening of the revised version of the film to assess whether the film remains inflammatory despite the censor board-mandated cuts.
Appearing for Jamiat Ulama-i-Hind, former Congress leader and Senior Advocate Kapil Sibal acknowledged the filmmakers’ right to freedom of expression but raised serious concerns about the film’s motive.
“This is a matter of some moment. I can understand they have a right to free speech and are entitled to make any kind of film. But if the intent of the film is to fuel disharmony and endanger public order, it crosses a line,” Sibal told the court. He further pointed out that: “Even if some parts are taken down, the film’s overall tenor remains problematic. Free speech doesn’t mean you can fuel violence or target a community.”
Sibal specifically cited the issue of the film repeating Nupur Sharma’s remarks verbatim, which were at the centre of the 2022 controversy that led to Kanhaiya Lal’s murder.
Additional Solicitor General (ASG) Chetan Sharma, appearing for the Union of India, informed the court that the Central Board of Film Certification (CBFC) had already intervened and mandated significant edits: “We have addressed all the issues. I have a chart. All the offending portions and offending references and dialogues—they have all been taken down,” he said. He assured the court that 40 to 50 cuts were made in compliance with CBFC guidelines, including in the trailer and the film itself. “CBFC suggested cuts before certifying the film, and the producer confirms they’ve been implemented,” ASG added.
The Bench took note of both sides. Justice Anish Dayal queried whether the cuts were made to the movie or just the trailer, to which ASG clarified: “Both.”
The court appeared cautious, remarking: “Maybe the offending parts are removed, maybe he’ll (Sibal) be satisfied.” However, the Bench declined to pass immediate orders and instead asked the parties to view the revised film.
“Before deciding on a screening, we request you to first watch the revised version. Review the cuts and come back to us tomorrow,” the Bench directed.
Advocate Pulkit Agarwal, appearing for film producer Amit Jani, informed the court that a private screening of the revised version of Udaipur Files would be arranged later in the day for all counsels involved.
The film Udaipur Files is based on the 2022 murder of Kanhaiya Lal, a tailor from Rajasthan’s Udaipur, who was brutally beheaded in his shop by Mohammad Riyaz and Ghaus Mohammad. The killers posted a video confessing that they murdered him to “avenge an insult to the Mohammad”, reportedly referring to a social media post made by Lal in support of Nupur Sharma, who had made remarks about Muhammad.
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