High Court pauses release of Udaipur Files until government reviews ban plea
The court noted that the petitioner had not previously availed the statutory remedy available under Section 6. "The petitioner ought to have approached the Central Government under Section 6," the bench observed, stating that under this provision, the government is empowered not only to pass final orders but also to impose interim measures such as suspension of a film's exhibition.The court also cited the 1991 CBFC Guidelines, stating that films must be judged in their entirety and that the CBFC must not allow any content that promotes communal disharmony. It acknowledged the CBFC's legal obligations under the Cinematograph Act and emphasised that Section 5C does not grant appeal rights to the public against a film's certification, while Sections 5E and 5F vest the Centre with powers to suspend, withdraw, or review a certificate.The court clarified that even though it has extraordinary jurisdiction, it would not interfere at this stage since the statute provides a clear alternative remedy.During the proceedings, senior advocate Kapil Sibal, appearing for the petitioners including Maulana Arshad Madani, president of Jamiat Ulama-i-Hind and principal of Darul Uloom Deoband, urged the bench to view the film and described it as "vicious," "full of violence and hatred," and "cinematic vandalism.""This is not right for the country. It's not art - it's malicious propaganda. Please don't let it reach the public," Sibal submitted. He added that the film's trailer, released on June 26, contained inflammatory content that had the potential to rekindle the communal tensions seen in 2022. He also referenced the filmmaker's prior record, which he claimed included acts of hateful incitement, and noted that the trailer included scenes the CBFC had ordered to be removed.The High Court had previously ordered the producers to screen the film for the petitioners on July 9. Sibal cited scenes from the film's beginning - such as a Muslim man throwing meat at a Hindu household and the arrest of Muslim students - questioning their relevance to the core story. He argued the film attempted to malign an entire community and link unrelated communal events, including the Delhi riots.advertisementThe Udaipur Files is reportedly based on the 2022 murder of Kanhaiya Lal, a tailor in Udaipur, who was killed by Mohammad Riyaz and Mohammad Ghous. The attackers released a video claiming the act was in retaliation for the tailor's social media post in support of former BJP leader Nupur Sharma.The case is currently under trial before the Special NIA Court in Jaipur and involves charges under the Unlawful Activities (Prevention) Act and the Indian Penal Code.Representing the Central Board of Film Certification (CBFC), Additional Solicitor General Chetan Sharma stated that the film focuses on crime and not any specific community.He clarified that references to Deoband, Nupur Sharma, and Gyanvapi were removed from the final cut and said, "The CBFC is mindful of ensuring that no community is targeted." Sharma added, "The story is about how communal seeds are being sown from across the border, and it includes calls for communal unity."The producer's lawyer maintained that 55 cuts had been made to address communal concerns and insisted that the film did not portray Muslims in a negative light.The lawyer also referenced the NIA chargesheet in the Kanhaiya Lal case, arguing that the film's content reflects facts already in the public domain. However, the court stated that "you cannot justify the story of the film on the basis of any information collected during the investigation". advertisementThe film was initially set to release in 1,800 theatres nationwide, with about 100,000 tickets reportedly booked in advance.The court underlined that the government retains both revisional and interim powers under the Cinematograph Act to address such matters.- EndsMust Watch
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