Udaipur Files: Supreme Court Allows Filmmakers, Kanhaiyalal's Son to Seek Police Protection Amid Threats

The Court directed that if a credible threat perception is found, appropriate steps must be taken by the authorities to ensure their safety.

The Bench of Justice Surya Kant and Justice Joymalya Bagchi today deferred further hearing on a plea challenging the Delhi High Court’s interim order staying the release of the film Udaipur Files, which was scheduled to hit theatres shortly before the injunction.

The Court said it would await the outcome of proceedings before the Central Government, which is presently considering a revision petition under Section 6 of the Cinematograph Act.

The Bench was also hearing a petition filed by Mohammed Javed, an accused in the brutal murder of Kanhaiya Lal in Udaipur, who has sought a stay on the film’s release, contending that it would adversely affect the ongoing trial before the Special NIA Court.

It recorded that Javed’s plea raised issues touching core principles of criminal jurisprudence, as the film could cause "irreversible prejudice."

In its order, the Court noted that the Delhi High Court had not expressed any opinion on the film’s content but had rightly relegated the petitioner to the statutory remedy under Section 6 of the Cinematograph Act, which empowers the Central Government to suspend or un-certify a film even after the CBFC has issued a certificate.

"To enable the writ petitioner to pursue that remedy, the High Court had granted an interim stay on the film’s release and directed that the revision be decided within a week," the Court noted.

The Court was informed that the competent authority has constituted a committee to consider the Section 6 revision petition filed by Maulana Arshad Madani, and that the hearing before the committee is scheduled for today at 2:30 PM.

“In these circumstances, we find it appropriate to defer further hearing to await the outcome of the proceedings before the Central Government,” the Court stated.

Further, the Bench permitted Mohammed Javed to appear through counsel before the Central Government in the revision proceedings and directed that the committee afford him a hearing as well. “We expect that the revision petition will be decided without any delay,” the Court added.

The Court also took note of submissions by Senior Advocate Gaurav Bhatia, who stated that the film’s producer, director, and the victim’s son had received threats to their lives over the release of the film.

Granting liberty to approach the concerned Superintendent or Commissioner of Police, the Court directed that authorities assess the threat perception and, if merited, ensure necessary protection.

The matter will now be heard again on Monday, July 21.