The Delhi High Court on Thursday stayed the release of movie 'Udaipur Files' till the Central government takes a decision on its contents.The movie was slated to be released on July 11, Friday.
The order was passed on a batch of three petitions, including one filed by Jamiat Ulema-e-Hind President Maulana Arshad Madani seeking a ban on the movie based on tailor Kanhaiya Lal Teli's murder in Udaipur, for vilifying Muslims.The Bench of Chief Justice DK Upadhyaya and Justice Anish Dayal after a detailed hearing ordered the Central government to exercise its revisional powers under Section 6 of the Cinematograph Act to examine the movie.
The Court ruled the power can be exercised by the Central government suo motu or on an application moved by an aggrieved person against a film certificate. In this case, it noted that the petitioners had not taken recourse to the remedy.Though the Bench said it was not impermissible for Court to intervene in exercise of its extraordinary jurisdiction under Article 226, it added that the petitioners ought to approach the Central government first.
"Accordingly, we permit the petitioner to approach the Central government within two days and in case the petitioners approach the Central government, he may also make a prayer for interim measures. Once the petitioner approaches the Central government with a revision petition, the same shall be considered and decided within a period of one week after giving opportunity to the producer," it ordered.
The Court also directed that the prayer for interim relief against the movie shall also be considered.In the meantime, the release of the movie shall remain stayed, the Bench directed."Since we are relegating the petitioner to invoke the remedy of revision under Section 6 of the Act, we provide that ... there shall be stay on release of film," it ordered.
The CBFC on Wednesday had told the Court that certain offending portions in the movie have been removed. The Court had then directed the producer to arrange a screening of the movie and the trailer for the counsel appearing in the matter - Senior Advocate Kapil Sibal for Madani and Additional Solicitor General (ASG) Chetan Sharma for CBFC.
Sibal apprised the Court that CBFC itself had issued show cause notice to the moviemaker after release of the trailer on June 26, stating that they were not complying with the relevant rules.The counsel for the movie producer said the trailer has since been taken down. However, Sibal said the trailer was still online. The senior counsel also submitted that he had discovered thematic content of the movie only after seeing the movie."Whole film is targeted against the community. Seeing is believing. The lordships will have to decide whether the film can be shown in the context of what is happening in the country," he added.
After going through the show cause notice, the Court asked the CBFC whether penal action had been taken for violating the rules in respect of the trailer."So far as circulation of that portion on social media... there is direction to take down. The other consequences is penal action, what did you do about that in the wake of admission," the Court asked as it pointed to the rules in question.
In response, ASG Sharma said the trailers would not come within those rules as per a decision of the Bombay High Court.
However, the Court questioned how the CBFC had then issued show cause notice. "But it was exhibited, not kept in wardrobe," it remarked, adding that exhibition of uncertified portions of film invites penal action.Sharma then said the trailer could have been shown on mainstream platforms. He said the show cause notice was also in accordance with the Bombay High Court ruling.
Advocate Shreeyash U Lalit, representing the moviemakers, while beginning his arguments, referred to the chargesheet filed by National Investigation Agency (NIA) in Teli's murder case.
However, the Court said a movie is combination on fact and fiction and that chargesheet is always subject to trial.
Lalit then argued that,"It is a typical India- Pakistan movie, nothing else."He added that Sibal has taken dialogues out of context after watching the movie. "There are several characters at play, who are Muslim, India... this not the case where everyone has been vilified. The plot is entirely about external influence," the counsel said.The Court was also informed 1800 theaters have been booked for screening of the movie and one Lakh tickets have been sold.
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