Will take a fresh decision on ‘Udaipur files’, Centre tells Delhi HC

The division bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela, recording the Centre’s submission that it will withdraw its recommendation dated July 21, directed the government to hear the parties on August 4 and take a final decision by August 6. It further clarified that no adjournment shall be sought on the day of the hearing.

The court’s directions for a time-bound decision came after the producers told the bench that they have slated the film’s release on August 8, and if not released on the scheduled date, the release may not be possible for the next six months.

Earlier in the day, the bench had questioned the government as to under what authority it directed six cuts in the film when the Centre’s revisional powers over CBFC’s certification can only be limited to either deeming the film to be an uncertified film in the whole or any part of India, or change the rating of certification, or may suspend the exhibition of the film.

Appearing for the government, ASG Chetan Sharma on Friday argued that the Centre had “done no more than recommend” for the cuts, and no official notification was issued in this regard, and thus in effect they had not exceeded their revisional jurisdiction and the aggrieved parties’ petitions seeking a review before the Centre will be considered as dismissed.

The bench, however, refused to accept the Centre’s argument. Chief Justice  Upadhyaya orally remarked, “Now since you didn’t issue notification, the revision petition will be deemed dismissed, that’s a difficult argument to accept..it will not amount to dismissal.”

After the bench opined that the Centre may have exceeded its revisional authority and may have instead ventured into what can be construed as general administrative powers, the Centre said that the court, if it deems fit, may set aside its decision and relegate the parties afresh to the Centre’s revisional jurisdiction.

Subsequently, the Centre said that it will withdraw its decision and can take a decision afresh, in compliance with the provisions of the Cinematograph Act.

In July, Darul Uloom Deoband principal Maulana Arshad Madani 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.” The court had asked Madani to approach the Union government to seek a review of the Central Board of Film Certification’s (CBFC) nod for the release.

The Delhi HC had noted that provisions under the Cinematograph Act empowers the Centre to exercise revisional powers over CBFC certification of a film.

The Delhi HC on July 10 had temporarily stayed the film’s release while granting those aggrieved by the purported portrayal in the film vilifying Muslims to represent before the government, to seek a review of the CBFC’s decision to grant a certificate for the release.

Udaipur-based tailor Kanhaiya Lal was murdered in June 2022, allegedly by Mohammad Riyaz and Mohammad Ghous.

The assailants later released a video claiming the murder was in reaction to the tailor allegedly sharing a social media post in support of former BJP member Nupur Sharma following her controversial comments on Prophet Mohammed.

The case was probed by the NIA and the accused were booked under the Unlawful Activities Prevention Act, besides provisions under the IPC.

The trial is pending before the special NIA court in Jaipur.