New Delhi: The Supreme Court on Monday underscored that the right to life under Article 21 of the Constitution prevails over the right to free speech under Article 19 when the release of a film may impact the life, liberty, and reputation of individuals involved. The observation came while hearing a plea by the makers of the controversial film ‘Udaipur Files’, who challenged a Rajasthan High Court order staying its release.
The film, titled ‘Udaipur Files: Kanhaiya Lal Tailor Murder’, is based on the 2022 murder of Kanhaiya Lal in Rajasthan’s Udaipur. The film’s producers approached the apex court after the Delhi High Court had put a temporary hold on the film’s release in response to a plea filed by one of the accused in the case, Mohammad Javed. He argued that the film could adversely affect his right to a fair trial and tarnish his reputation.
A bench comprising Justices Justice Surya Kant and Justice Joymalya Bagchi refrained from passing any immediate order and instead directed the film producers to await the decision of the Central Government’s Review Committee under the Cinematograph Act. The committee is reviewing multiple revision applications filed against the Central Board of Film Certification’s (CBFC) clearance of the film.
“You must wait for the process. Let the Review Committee hear both sides and make a reasoned decision,” the bench told the petitioners. The Court scheduled the matter for further hearing on July 21 and emphasized that the filmmakers’ grievance against the High Court’s stay could be addressed more appropriately after the Review Committee concludes its proceedings.
The top court also observed that while freedom of speech is a constitutional right, it is not absolute. “The right to life includes the right to reputation and fair trial. If harm is done through the release of the film, the damage cannot be reversed,” Justice Surya Kant said during the hearing.
Meanwhile, the filmmakers argued that they had followed all procedures and obtained the CBFC certificate lawfully. They claimed that the High Court’s stay order infringed on their right to free speech and their ability to do business. Their counsel stated that the stay was based on presumptions without concrete evidence of harm or incitement.
The court also noted submissions regarding threats received by the filmmakers and Kanhaiya Lal’s family members, directing concerned state authorities to assess and provide necessary security if any credible threats were found.
Mohammad Javed and others have alleged that the film is one-sided and communal in tone and could affect the fairness of the judicial process. Muslim organizations, including Jamiat Ulama-i-Hind, have also filed petitions to revoke the film’s certification.
As the issue now moves before the Review Committee under the Union Information and Broadcasting Ministry, all eyes are on the committee’s decision, which is expected before the next Supreme Court hearing on July 21.
