On Friday, the Supreme Court declined to entertain an appeal by the makers of Udaipur Files – Kanhaiya Lal Tailor Murder, noting that their challenge to the Delhi High Court's interim stay on the film's release had become untenable in view of their subsequent acceptance of the Central Government's clearance order. The Apex court accordingly directed the Delhi High Court to hear the pending writ petitions against the Centre’s decision on July 28.
A Bench comprising Justice Surya Kant and Justice Joymalya Bagchi clarified that it had not expressed any opinion on the merits of the controversy and that the Delhi High Court was at liberty to determine the maintainability and substance of the pleas seeking to interdict the film’s release.
The petition before the Supreme Court arose after the Delhi High Court on July 10 directed an interim halt to the release of the film, acting on a petition by Jamiat Ulema-i-Hind president Maulana Arshad Madani. Invoking Section 6 of the Cinematograph Act, 1952, the High Court had restrained the exhibition of the film until a representation submitted to the Central Government was disposed of. The Centre was granted one week to take a decision on the matter.
Subsequently, on July 21, the Ministry of Information and Broadcasting cleared the film for release, subject to six scene deletions and modifications in the disclaimer. The filmmakers accepted the Government’s order, and on that basis, the Supreme Court recorded that their appeal challenging the earlier High Court order had been rendered academic.
During the proceedings, the Apex Court also granted liberty to Maulana Madani and Mohd Javed, an accused in the Kanhaiya Lal murder case, to approach the Delhi High Court afresh against the Centre’s July 21 order allowing the film’s release with modifications.
According to prior statements made by the filmmakers, the Central Board of Film Certification (CBFC) had initially recommended 55 cuts, and the film was scheduled for release on July 11. The film is based on the June 2022 murder of Udaipur-based tailor Kanhaiya Lal, who was allegedly killed by two individuals, Mohammad Riyaz and Mohammad Ghous, claiming to avenge a social media post supporting former BJP spokesperson Nupur Sharma’s remarks about the Prophet Mohammed. The incident had sparked nationwide outrage.
The National Investigation Agency (NIA), which is probing the case, has charged the accused under the Unlawful Activities (Prevention) Act (UAPA) and various provisions of the Indian Penal Code (IPC). The trial is presently pending before the Special NIA Court in Jaipur.
The legal contest now returns to the Delhi High Court, which will be required to weigh the constitutional claims surrounding freedom of expression and public order, as well as the statutory competence of the Centre under the Cinematograph Act.
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