The Delhi High Court (HC) on Thursday refused to stay the release of ‘Udaipur Files’, the film based on the murder of Udaipur tailor Kanhaiya Lal in 2022, in a plea by one of the accused in the case. The film was officially set for release on Friday, which will now go on as per schedule.
In a judgement pronounced on Friday evening, hours after the producer had organised a special screening at a multiplex in Delhi at 5 pm, with several in attendance, the division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela held that the accused in the case, Mohammed Javed, had “failed to establish that any irreparable harm will be caused to him in case the release of the film is not stayed by the court.”
Javed had primarily pleaded on the ground that his right to fair trial will be compromised if the release is greenlit, and represented by senior advocate Menaka Guruswamy, it was also urged before the court that the bench may see for itself and decide whether the film promotes hate speech or not. It was also pointed out that dialogues in the film have been reproduced from the chargesheet in a case where trial is ongoing. Guruswamy had further argued that if the release is allowed, a precedent will be created and “no accused in this country will have a right to fair trial.
Rejecting Javed’s interim request to stay the release of the film, the bench held that Javed failed to establish a prima facie case in his favour and noted that the producer has spent his life’s savings, as was argued by the producer’s counsel before the court, which would make the balance of convenience lie in the producer’s favour.
The court also observed that a trained judge will conduct the trial uninfluenced by the film.
Meanwhile, the court issued notice in Javed’s main plea, challenging the exhibition of the film altogether.
The court is due to consider Javed’s plea next on October 16.
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The film underwent a total of 61 cuts, according to the CBFC, including 55 cuts recommended by CBFC, and additional cuts “voluntarily” at the producer’s behest.
Apart from Javed, in July, Darul Uloom Deoband principal Maulana Arshad Madani had also filed a PIL in the Delhi HC, alleging that the movie is “replete with dialogues and instances that had led to communal disharmony… and carry every potential to again stoke the same communal sentiments.”
At the special screening on Thursday, before the HC pronounced its verdict, the producer Amit Jani told media, “There is a maulana from Deoband, named Maulana Arshad Madani. Unke jo chehre pe jo daag hai aatankvad ka samarthan karne ka, uss daag ko humara film aaina dikhata hai. Those who don’t want to see the truth instead want to shatter that mirror. If you don’t want to see your face in the mirror, then move away, but why do you want to shatter that mirror? It’s anyway a haram (sin) for you to watch films…They’ve tried their best, given us threats, my children have not gone to school for months.”
