NEW DELHI: The Supreme Court on Wednesday declined to lift the Delhi High Court's stay order on release of movie 'Udaipur Files: Kanhaiya Lal Tailor murder', after noting that the Union government has formed a committee to examine a plea against clearance of the film by the CBFC.
A bench of Justices Surya Kant and Joymala Bagchi said the central government can go ahead with examining the movie as directed by the High Court.
"We deem it appropriate to defer the hearing and await the outcome of proceedings pending before the central government," the bench said.
The movie was said to be based on killing of tailor Kanhaiya Lal for supporting Nupur Sharma in June, 2022. The macabre act by the religious fanatics was recorded on camera, sending shockwaves across the country.
Considering a challenge to the HC's order, the bench asked the movie producers and those opposing its release to wait for a day or two as the Union government has formed a committee to examine matter, following the High Court's stay order of July 10, just a day ahead of the scheduled release.
The bench said committee should take an immediate decision on the issue, as it fixed the matter for further consideration on July 21.
The court also allowed the movie producers and son of the deceased tailor to approach the police with their representations as it was contended they received threats from radical groups.
Senior advocate Gaurav Bhatia, appearing for the movie producers, submitted that the film has been cleared by the CBFC, its release should be allowed if the decision is taken by the committee in a day or two. He also said the producers have also got fundamental rights.
The court, however, said if the movie was released, petitions filed here would become infructuous.
It also pointed out the High Court has only relegated the parties to avail the remedy, available in the statute.
Though the release of the movie could cause irreparable damage, the impact of the delay could be compensated, the bench felt.
Senior advocate Kapil Sibal, appearing for Jamiat Ulema-i- Hind, which filed a plea in the High Court, claimed that the movie has vilified the entire community and should not be allowed to be released.
Senior advocate Menaka Guruswamy, appearing for an accused in the murder case, said free speech cannot be claimed to violate the right to fair trial or lower the moral strength of the judiciary.
The court, however, said the judicial officers are trained to deal with a matter with objectivity and would not be swayed by a movie.
The Delhi HC had on July 10 ordered the Central government to exercise its revisional powers under Section 6 of the Cinematograph Act to examine the movie.
A batch of three petitions, including one filed by Jamiat Ulema-e-Hind President Maulana Arshad Madani, were filed before the High Court seeking a ban on the movie based on tailor Kanhaiya Lal Teli's murder in Udaipur, for vilifying Muslims.
