Take call on certification for Udaipur Files immediately, top court tells govt
New Delhi, July 17 -- The Supreme Court on Wednesday asked the central government to "immediately" take a call on whether the film Udaipur Files, based on the 2022 murder of tailor Kanhaiya Lal, should continue to hold its certification, amid allegations that the movie vilifies the Muslim community and threatens communal harmony.
Citing Section 6 of the Cinematograph Act, a bench of justices Surya Kant and Joymalya Bagchi noted that the Centre has adequate powers to declare a film uncertified or suspend its release if it is found to be against public interest. The court noted that a government panel, constituted on July 14 to examine objections raised by Jamiat Ulema-i-Hind president Maulana Arshad Madani, was already seized of the matter.
"We find it appropriate to defer the hearing since the matter is pending before the central government," the bench said, urging all parties to cooperate fully with the panel.
The court also allowed Javed, one of the accused in the murder case, to participate in the panel proceedings through legal representation. "Having regard to the nature of the proceedings, we expect that the committee will decide the matter immediately and without any loss of time," the court added in its order.
Taking note of threats reportedly received by the family members of the film's producers, the court also directed the concerned police authorities to take appropriate measures to ensure their safety. It will take up the matter next on July 21.
While the film-makers urged immediate relief citing heavy losses, the bench responded that it would not be proper to direct the government to decide the matter within 24 hours.
On the issue of the movie affecting the judges, the bench emphasised: "Our judicial officers are not schoolgoing children who are going to be affected by a movie or some dialogues. We are confident about their ability, objectivity and sense of detachment, attained through training and orientation." However, it clarified: "At the same time, a person having some apprehension needs to be heard." The Supreme Court proceedings arise out of a July 10 order of the Delhi high court, which stayed the release of Udaipur Files and permitted petitioner Madani to seek revocation of the film's CBFC certification by filing a representation before the Centre. The high court had said: "Since we are relegating the petitioner to invoke revisional remedy, we provide that till the application for grant of interim relief is decided by the government, there shall be a stay on the release of the film."
Challenging the interim stay, the producers, Jani Firefox Media Limited, moved the top court, arguing that the high court's order lacked any specific reasoning and was based solely on a private screening of the film. Argued through senior advocate Gaurav Bhatia, the appeal contended that the high court went beyond the scope of the petition by allowing a prayer for permanent revocation of certification which had not even been sought....
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