New Delhi, July 25 -- The Supreme Court on Friday directed the Delhi High Court to hear on July 28 the pleas challenging the Centre's nod to release "Udaipur Files - Kanhaiya Lal Tailor Murder".
A bench of Justices Surya Kant and Joymalya Bagchi said the filmmakers appeal against the high court order staying the film's release was infructuous for they had accepted the July 21 Centre nod for the film's release subject to six cuts in its scenes and modifications in the disclaimer.
Jamiat Ulema-i-Hind president Maulana Arshad Madani and Mohd Javed, who is an accused in the Kanhaiya Lal murder case, was ordered to move the high court against the Centre's decision.
During a brief hearing, advocate Syed Rizwan appearing for film producers, said the contention of Madani and Javed that a particular community was targeted in the film and the threat to social fabric of the country, was "nothing but figment of their imagination".
"Nothing happened when Kashmir Files was released, Kerala Story was released. The social fabric of the country was not affected when the Pahalgam attack took place, when the Pulawama terror attack took place. Our country's social fabric is much stronger," he said.
The bench found Rizwan's arguments "thought provoking" and said it will be dealing with them in appropriate cases or when the petitioners challenge the high court order after it has examined the matter.
Sibal said during "Kerala story" and "Kashmir Files" cases the court had not seen the movies but in this case he had watched the movie and could tell that one particular community was targeted.
Senior advocate Gaurav Bhatia, appearing for filmmakers, said the balance (of convenience) was in his favour with the Centre now clearing the movie after the CBFC certification and the producers accepting the decision. Recording Bhatia's submission, the top court held the plea before it had become infructuous.
The top court further noted Sibal's submission that Madani filed a writ petition in the apex court under Article 32 of the Constitution challenging the order dated July 21 passed by the Centre.
"Since, in the connected matter, we have relegated the writ petitioner to approach the high court as he has already filed a writ petition..the high court is requested to take up the said writ petition for hearing on July 28," the bench said.
The SC clarified not expressing any opinion on merits and said the high court was at liberty to pass appropriate orders.
The high court on July 10 stayed the film's release on a Madani's plea, invoking powers of the Central govt under Section 6 of the Cinematograph Act, 1952, till the representation is decided by the Central govt, for which the high court granted one week time.
The filmmakers claimed to have received a Central Board of Film Certification (CBFC) certificate with the board suggesting 55 cuts and the film was due to be released on July 11.
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.
Published by HT Digital Content Services with permission from Millennium Post.