Delhi High Court Stays Release of Udaipur Files A Day Before Its Scheduled Release

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The order was passed on a batch of three petitions, including one filed by Jamiat Ulema-e-Hind President Maulana Arshad Madani, seeking a ban on the movie

NEW DELHI —Just a day before its scheduled release, the Delhi High Court on Thursday halted the screening of Udaipur Files, a film based on the 2022 murder of tailor Kanhaiya Lal in the Rajasthan city of Udaipur.

The tailor was allegedly slain for supporting Bharatiya Janata Party (BJP) leader Nupur Sharma’s provocative remarks on Hazrat Ayesha, the beloved wife of Prophet Muhammad, during a live TV programme.

The high court passed the order on a batch of three petitions, including one filed by Jamiat Ulema-e-Hind President Maulana Arshad Madani, seeking a ban on the movie.

The movie was slated for release on Friday, July 11.

The court issued an interim ban on the film’s screening, directing the petitioner, Maulana Madani, to file a review application with the Central Government against the certificate granted by the Central Board of Film Certification (CBFC).

According to Bar and Bench, the court provided two days to the petitioner to apply while instructing the government to decide on the matter within seven days under Section 6 of the Cinematograph Act, which empowers it to revoke or suspend a film’s release in such cases. Until the government delivers its decision, the release of the film will remain on hold.

After a detailed hearing on Thursday, a bench of Chief Justice DK Upadhyaya and Justice Anish Dayal ordered the Central Government to exercise its revisional powers to examine the movie, the Bar and Bench report said.

Though the bench said it was not impermissible for the court to intervene in the exercise of its extraordinary jurisdiction under Article 226, it added that the petitioners ought to approach the Centre first.

“Accordingly, we permit the petitioner to approach the Central Government within two days, and in case the petitioners approach the Central government, he may also make a prayer for interim measures. Once the petitioner approaches the Central government with a revision petition, the same shall be considered and decided within a week after giving opportunity to the producer,” the court order said.

The court also directed that the prayer for interim relief against the movie shall also be considered.

In the meantime, the release of the movie shall remain stayed, the bench directed.

On Wednesday, the CBFC apprised the court that the alleged offending portions of the film have been removed. The court also asked the film’s producer to arrange for a private screening of the movie and the trailer on Wednesday itself for the counsels appearing in the matter.

Welcoming the Delhi High Court’s decision, Maulan Arshad Madani said “We were awaiting a final verdict, but the outcome after the day-long hearing clearly indicates that, even after the removal of objectionable scenes, the film still contains content that can spread the poison of hatred in our society.”

“The stay on the screening of the film and other related court orders have undoubtedly strengthened the supremacy of the Constitution. This also conveys a clear message that in the name of art and freedom of expression, one cannot be allowed to cross constitutional and moral boundaries,” added Maulana Madani.

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