The Supreme Court on Thursday indicated it may remand the matter concerning the stay on the release of the controversial film “Udaipur Files – Kanhaiya Lal Tailor Murder” back to the Delhi High Court for further adjudication. The court is expected to hear the case briefly on July 25 before issuing necessary orders.
A bench comprising Justices Surya Kant and Joymalya Bagchi made the observation while hearing a plea filed by Jamiat Ulema-i-Hind president Maulana Arshad Madani, who has challenged the release of the film alleging that it demonises the Muslim community. Another petitioner, Mohd Javed — an accused in the 2022 Kanhaiya Lal murder case — has also sought a stay on the film’s release until the trial concludes.
The top court took note of a Centre-appointed panel’s recommendations which ordered six cuts and a modified disclaimer. Senior advocate Gaurav Bhatia, representing the filmmakers, assured the court that the changes had been duly implemented.
Senior advocate Kapil Sibal, appearing for Madani, raised concerns over the neutrality of the Central Board of Film Certification (CBFC) and said that several panel members belonged to the ruling political party, which, he alleged, influenced the film’s clearance.
In response, Justice Surya Kant noted that such appointments are common across regimes and are not under challenge, while Justice Bagchi added that the existence of an advisory panel was not prima facie objectionable.
Solicitor General Tushar Mehta, representing the Union Government, emphasized that the Ministry of Information and Broadcasting had exercised its revisionary jurisdiction and directed specific modifications. He argued that freedom of speech and expression under Article 19(1) was “religion-neutral,” and any action beyond the panel’s recommendations would violate constitutional protections.
The Supreme Court had earlier directed the Centre’s panel to decide expeditiously on representations made against the film and provide a hearing to the accused in the murder case.
During Thursday’s proceedings, the bench also observed that while the filmmakers could be monetarily compensated in case of a delay, the accused in the murder trial could not recover damage to their reputation if the movie were to be released before the trial’s conclusion.
The film had originally received a CBFC certificate with 55 suggested cuts and was scheduled for release on July 11. However, on July 10, the Delhi High Court stayed the film’s release following Madani’s plea, invoking the Centre’s powers under Section 6 of the Cinematograph Act, 1952, and granting one week for a government decision.
The movie is based on the June 2022 killing of Udaipur-based tailor Kanhaiya Lal, who was allegedly murdered by Mohammad Riyaz and Mohammad Ghous after he purportedly shared a social media post in support of BJP spokesperson Nupur Sharma’s controversial remarks on Prophet Mohammed. The accused filmed the act and publicly claimed it was in retaliation to the post.
