Delhi High Court to examine if Centre has power to order cuts in Udaipur Files movie
'You have to exercise the powers within the four corners of the statute. You can't go beyond that,' a Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said.
The court posed the question after being informed that the Centre, while exercising its revisional powers under the Cinematograph Act, had suggested six cuts to the producers of the movie, in addition to a disclaimer.
The court was also informed that the film has been recertified, but not issued to the producers, because the matter is pending in the High Court.
The court was hearing a plea by Mohammed Javed, one of the accused in the Kanhaiya Lal murder case, objecting to the release of the film on the ground that it would prejudice his case during the trial.
Senior advocate Maneka Guruswamy, representing Mr. Javed, submitted that six witnesses have been examined till now in the case and 160 witnesses remain.
'I was 19 years old when I was arrested. I am Accused No. 8 in the trial. I was released on bail by the Rajasthan High Court because there was no connection between me and the allegations. I am a citizen of this country and am entitled to a fair trial,' Ms. Guruswamy said.
'My right to a fair trial is jeopardised by the release of the film,' she argued.
While Ms. Guruswamy concluded her arguments, the submissions of Additional Solicitor-General Chetan Sharma, who was representing the Centre and the Central Board of Film Certification (CBFC), remained inconclusive and the court said it would continue the proceedings on August 1.
Besides Mr. Javed's plea, another petition has been filed by Jamiat Ulema-i-Hind president Maulana Arshad Madani. It could not be heard due to the non-availability of the counsel.
Kanhaiya Lal, an Udaipur-based tailor in Rajasthan, was murdered in June 2022, allegedly by Mohammad Riyaz and Mohammad Ghous, for sharing a social media post in support of former BJP leader Nupur Sharma after her controversial comments on Prophet Mohammed. The trial is pending before the special NIA court in Jaipur.
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