“Udaipur Files remains hateful in essence”: Lawyers argue against film’s release
The film, Udaipur Files, continues to be debated for release tomorrow in Delhi High Court.
With lawyers from Jamiat-Ulema-i-hind, Raza Academy, others arguing that the film should not be released. The film’s essentially depicts the killing of Udaipur’s tailor Kanhaiya Lal was who stabbed 26 times by two muslim men in June 2022, after he showed his support for BJP leader Nupur Sharma’s comments on Islamic mythology’s prophet Mohammed.
The attackers captured the beheading and attack on camera & circulated it online, proudly claiming responsibility.
Yesterday, the High Court had directed the producers of the film Udaipur Files, Amit Jani to arrange a private screening of the movie and its trailer for all counsels, after the Central Board of Film Certification (CBFC) informed the Court that it had mandated 40 to 50 cuts before granting certification. However, today, the court said that the manner in which the case against release was reported is not what truly happened in the hearing before Supreme Court, with portals reporting that the court had asked for it to be released.
“I watched the film at the private screening and I’m appalled,” said Senior Advocate Kapil Sibal, for the petitioners seeking stalling of the release.
“The modifications made after the Film Board flagged the egregious nature of the film were done merely to satisfy the Board are not reflected in the trailer,” argued Senior Advocate Menaka Guruswamy. “The film, in its essence, remains deeply hateful.”
The Court then deliberated with the lawyers about their remedies.
ASG Chetan Sharma appearing for I&B ministry pointed out that the Appellate Board doesn’t exist to remedy a film that has been given approval.
When the film producer, Amit Jani sought to explain the idea behind the movie, the court said
”We are not on that. The main question is whether the film can be challenged once the Censor Board has already given its approval under the law. We still need to look into that. Another point is whether there’s any appeals process available against the Board’s decision. The court will hear the case again at 2.30 pm.
About the Petition
One of the petitions, filed though AoR Fuzail Ayyubi Ahmad under Article 226 of the Constitution, seeks a writ of prohibition against the film's release and challenges the certification granted to the movie by the Central Board of Film Certification (CBFC). It argues that the film’s content flagrantly violates Section 5B of the Cinematograph Act and the 1991 Guidelines for Certification of Films for Public Exhibition, both of which prohibit the public exhibition of content likely to incite communal disharmony.
Highlighting the two-minute fifty-three-second trailer of the movie, released on June 26, the petitioner contends that it contains highly inflammatory and provocative content.
According to the Jamiat, the trailer unabashedly repeats controversial remarks made by suspended BJP spokesperson Nupur Sharma, remarks which had earlier sparked nationwide unrest and the tragic murder of Kanhaiya Lal in Udaipur.
"The movie, purported to be the story of the murder of one Kanhaiya Lal in 2022, in fact unabashedly depicts court scenes, the statement made by a sitting Chief Minister supporting one party in the case and also explicitly mentions the controversial statement made by a politician, Nupur Sharma, which had resulted in communal violence and, in turn, the gruesome murder of Kanhaiya Lal," the petition reads.
"It is stressed that the trailer of the movie, and by implication the movie that is set to follow, depicts verbatim the same content (comments against Prophet Mohammad PBUH) which was uttered by Nupur Sharma resulting in nationwide communal unrest as well as registration of various FIRs against her. Even the Hon’ble Supreme Court found such statements to be the cause for communal disharmony in the country which had orally remarked that the lady (Nupur Sharma) was single-handedly responsible for what was happening in the country and that her remarks had set the entire country on fire including the unfortunate incident at Udaipur, related to the brutal killing of a tailor, Kanhaiya Lal on June 29," it reads.
The petition raises serious concerns about scenes in the trailer depicting Muslim religious leaders engaging in heinous acts, including inappropriate conduct with minors, portraying a distorted and hateful caricature of the community. “While the movie paints an entire community and its leadership with the same paintbrush, including highly objectionable scenes showing Muslim clergy having homosexual relations with underage children, to depict the same incident and to repeat the same utterances which have demonstrably led to communal tensions in the very recent past is stoking the same communal passions all over again,” the plea states.
Case Title: Maulana Arshad Madani v. Union of India & Ors and another connected matter