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Delhi High Court Stays Release of ‘Udaipur Files’ Movie, Citing Potential Threat to Public Order
In a rare instance of judicial intervention, the Delhi High Court has stayed the release of the movie ‘Udaipur Files’, which is based on the 2022 murder of tailor Kanhaiya Lal in Udaipur. The court directed the petitioners, including the Islamic cleric body Jamiat Ulema-i-Hind, to approach the Centre with their grievances, and the film’s release has been put on hold until the Centre takes a call on their revision plea. The movie has been described as “the worst form of hate speech” against a community and an “imminent threat to public order and harmony” by the petitioners.
The Delhi High Court’s decision to stay the release of ‘Udaipur Files’ has sent shockwaves throughout the film industry and has sparked a debate about the role of judicial intervention in censorship. The movie, which is set to release nationwide, has been at the center of controversy due to its purported depiction of the 2022 murder of tailor Kanhaiya Lal in Udaipur. Kanhaiya Lal was murdered in June 2022 for allegedly sharing a social media post in support of former BJP functionary Nupur Sharma after her controversial comments on Prophet Mohammed.
The court’s decision came after a petition was filed by Jamiat Ulema-i-Hind and other petitioners, who objected to the movie’s release, citing concerns that it could incite violence and create communal tension. The petitioners argued that the film was “not art but cinematic vandalism” designed to vilify a community. Senior counsel Kapil Sibal, representing the petitioners, described the film as “the worst form of hate speech” against a community and an “imminent threat to public order and harmony”. He told the bench that he had watched the film in a private screening, as directed by the court, and cited several instances and dialogues that he claimed were inflammatory.
The Court’s Decision
The division bench of Chief Justice D K Upadhyaya and Justice Anish Dayal directed the petitioners to approach the Centre within two days with their grievance, seeking a review of the movie’s censor certificate. The court stated that it was not impermissible for it to exercise extraordinary jurisdiction, even in cases where alternative statutory remedies had not been exhausted. However, the court also noted that the petitioners ought to approach the central government by invoking Section 6 of the Cinematograph Act, which deals with revisional powers vested with the central government.
The court’s decision has been seen as a rare instance of judicial intervention in the realm of censorship. The Cinematograph Act gives the central government the power to regulate the exhibition of films, and the court has directed the petitioners to approach the government with their grievances. The film’s release has been put on hold until the Centre takes a call on the petitioners’ revision plea.
Reactions from the Film Industry
The film industry has reacted with surprise and concern to the court’s decision. The movie’s producers and directors have argued that the film is a work of fiction based on a real event and does not promote hatred or violence against any community. Additional solicitor general Chetan Sharma, representing the Centre, justified the censor board’s nod and contended that the film was a movie based on a crime, not any community. “The film cautions people. It is a crime-specific film. We should all live together — that’s the theme,” Chetan Sharma argued.
The controversy surrounding the movie has sparked a debate about the role of censorship in India. While some have argued that the film’s release could incite violence and create communal tension, others have argued that censorship is a threat to artistic freedom and creative expression.
Key highlights of the case include:
* The Delhi High Court has stayed the release of the movie ‘Udaipur Files’ due to concerns that it could incite violence and create communal tension.
* The petitioners, including the Islamic cleric body Jamiat Ulema-i-Hind, have argued that the film is “the worst form of hate speech” against a community and an “imminent threat to public order and harmony”.
* The court has directed the petitioners to approach the Centre with their grievances, seeking a review of the movie’s censor certificate.
* The film’s release has been put on hold until the Centre takes a call on the petitioners’ revision plea.
* The controversy surrounding the movie has sparked a debate about the role of censorship in India and the balance between artistic freedom and creative expression.
Some of the key data points in the case include:
* The movie ‘Udaipur Files’ is based on the 2022 murder of tailor Kanhaiya Lal in Udaipur.
* Kanhaiya Lal was murdered in June 2022 for allegedly sharing a social media post in support of former BJP functionary Nupur Sharma after her controversial comments on Prophet Mohammed.
* The National Investigation Agency (NIA) arrested alleged assassins Mohammad Riyaz and Mohammad Ghous in connection with the murder.
* The trial of the alleged assassins is pending.
In conclusion, the Delhi High Court’s decision to stay the release of ‘Udaipur Files’ has sparked a debate about the role of judicial intervention in censorship and the balance between artistic freedom and creative expression. While the petitioners have argued that the film is a threat to public order and harmony, the film’s producers and directors have argued that it is a work of fiction based on a real event and does not promote hatred or violence against any community. The controversy surrounding the movie is a reminder of the complex and sensitive nature of censorship in India and the need for a nuanced and balanced approach to regulating creative expression.
Keywords: Delhi High Court, Udaipur Files, censorship, artistic freedom, creative expression, public order, harmony, hate speech, communal tension, Cinematograph Act, central government, revisional powers, film industry, movie release, stay order, petitioners, respondents, court decision, reactions, debate, controversy, India, freedom of expression, creative freedom.
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