New Delhi; The Supreme Court, on Wednesday, turned down a plea to stay the screening of the film ‘Udaipur Files: Kanhaiya Lal Tailor Murder’ that is set to be released on Friday.
The bench of Justice Sudhanshu Dhulia and Justice Joymalya Bagchi was hearing a petition by Mohammed Javed, an accused in the 2022 murder of a tailor named Kanhaiya Lal in Udaipur, Rajasthan. Javed is the eighth accused in the case.
Javed prayed for urgent listing of the petition and a stay of the film’s release till the trial in the case is over, contending that its release would violate his right to a fair trial. The bench, however, refused to grant a listing ahead of Friday and directed the petitioner to mention the matter before a regular bench when the Court reopens on July 14.
When the petitioner’s counsel submitted that the film would get released by then, Justice Dhulia said: “Let it be released.”
It was also contended by the petitioner that the film appeared to be communally provocative from its trailer and promotional materials. Releasing such a movie at this juncture, portraying the accused as guilty and the story as conclusively true, has the potential to seriously prejudice the ongoing proceedings, it was submitted.
Javed’s counsel relied on Section 6 of the Cinematograph Act, which gives special revisional powers to the Central Government to revoke the certification of a film in the public interest, and argued that this power ought to be invoked. On Monday, the Jamiat Ulema-i-Hind had also approached the Delhi High Court against the film’s release, contending that it was communally divisive.
The film’s makers, meanwhile, have said that the Central Board of Film Certification (CBFC) ordered 150 cuts before granting a certificate. In a recent case, involving veteran actor Kamal Hasaan, the Supreme Court had noted that a film certified by the CBFC cannot be prevented from being screened under normal circumstances.
In June 2022, Mohammad Riyaz Attari and Ghaus Mohammad allegedly murdered Kanhaiya Lal by slitting his throat. The perpetrators had later released a video claiming the murder was in retaliation for Kanhaiya Lal allegedly sharing a social media post in support of Nupur Sharma, a former BJP spokesperson, soon after she made controversial comments about the Prophet.
The case was investigated by the National Investigation Agency (NIA), and offences under the Unlawful Activities Prevention Act (UAPA) and Indian Penal Code were framed against the accused. The trial is progressing before the Special NIA Court, Jaipur.
