DELHI | 24TH JULY 2025 – On Thursday, the Central government defended the controversial film Udaipur Files in the Supreme Court, stating that the movie focuses on a specific crime and does not target any community.
Representing the Centre, Solicitor General Tushar Mehta addressed a Bench comprising Justices Surya Kant and Joymalya Bagchi, arguing:
“These accused are the persons who themselves posted on Facebook that they cut his throat. The film is crime-focused and not community-targeted. Dialogues are generic. Terrorism references are context-specific. Themes do not threaten any foreign relations. Screening was held before committee. Committee also invited the Ministry of External Affairs for its recommendations. 55 cuts as mandated by CBFC were implemented. The film does not vilify any community. All characters depicted are fictional composites.”
The top court was hearing petitions both for and against the release of the film, which is based on the June 2022 murder of tailor Kanhaiya Lal in Udaipur.
PETITIONERS ARGUE FILM SPREADS HATE SPEECH
Senior Advocate Kapil Sibal, representing Jamiat Ulema-e-Hind President Maulana Arshad Madani, argued that the film incites hatred against the Muslim community:
“The whole movie is that. Everything about this movie spews venom against a community that is targeted,” said Sibal.
“Hate speech is not part of free speech,” he asserted.
FAIR TRIAL CONCERNS RAISED BY ACCUSED’S COUNSEL
Senior Advocate Menaka Guruswamy, appearing for Mohammed Javed, one of the accused in the Kanhaiya Lal case, flagged that the film could impact her client’s right to a fair trial.
“When there has been an active trial underway, the movie has to be withheld till the judgement is pronounced. The producer says it is crime specific. It is a crime that I am accused of. It will be released in 1,800 movie halls,” Guruswamy submitted.
In response, Justice Surya Kant underscored the judicial system’s resilience:
“Dr. Menaka, don’t underestimate our judicial officers. We will not be able to hold court a single day if we are affected by comments made against us. It is a part of judicial training. A judicial officer is duty-bound that he has to decide the case strictly based on the evidence available.”
When Guruswamy countered that “society is prejudiced,” Justice Kant replied:
“Society will always be like this. The judiciary must remain unaffected by all this nonsense. Most of us don’t read the newspaper in the morning. We never care about it.”
FILM PRODUCERS PUSH FOR RELEASE
Representing the producers of Udaipur Files, Senior Advocate Gaurav Bhatia pressed for the release of the film, questioning the delay despite the CBFC clearance:
“The law states that CBFC gave me certificate valid in law. Committee held in my favour. Still my movie is not being released. Javed is not even one of the persons mentioned in the movie! He has given a false affidavit before the Supreme Court. His age is somewhere 19, somewhere 22. Media trial and trial—will it be affected by the release of the movie? It is based on a real incident. What is the locus of these people? The accused who is being represented by Menaka Ji is not even mentioned in the movie. Some radical elements go to the extent of murdering a person for expressing his right. That’s what the movie portrays. My investment here is at stake. I have waited for so many days.”
Justice Kant responded:
“You have rightly waited because that’s what the law contemplates … The issue is should the interim stay continue?”
When asked about implementing changes suggested by the Centre’s panel, Bhatia confirmed:
“The edits have been made. They have to grant me a certification after the edits are done and they are satisfied.”
SUPREME COURT RESPONSE AND NEXT STEPS
The Supreme Court said it would continue hearing the matter:
“We will take another 10-15 mins and finish the matter. His SLP has become infructuous. Mr. Sibal, you have the right to amend your petition and challenge. You can challenge the order. Ask for your relief before the High Court,” Justice Kant told the petitioners.
BACKGROUND: WHAT IS UDAIPUR FILES?
Udaipur Files is a film based on the murder of Kanhaiya Lal Teli, a tailor who was killed by two men in June 2022 after he expressed support for BJP leader Nupur Sharma’s remarks about Prophet Muhammad.
The murder was captured on video and widely circulated on social media, causing national outrage.
Initially slated for release on July 11, the film faced legal hurdles after Jamiat Ulema-e-Hind President Maulana Arshad Madani sought a ban in the Delhi High Court, citing concerns of communal vilification.
The High Court stayed the release, allowing the Centre to re-examine the film under Section 6 of the Cinematograph Act. The panel recommended additional edits, but petitioners claim these are inadequate.
KAPIL SIBAL QUESTIONS NEUTRALITY OF REVIEW COMMITTEE
Senior Advocate Sibal also cast doubt on the neutrality of the Central panel reviewing the film:
“They are the same people (as in the CBFC which cleared the film for release earlier). This is the first time we are seeing this. When Central government is hearing the revision, why should they nominate members of the CBFC? Central government is a revisional authority. These are members of the CBFC. They are all part of the same organisation.”
Justice Kant noted:
“But they are advisory panel members.”
To which Sibal responded:
“We will have to see what is this panel, what is the constitution. The HC allowed us to see it. We raised objections. In the revision, they make some other cuts. Our basic objections were not dealt with. They themselves have disclosed that they are members of a political party.”
CONCLUSION
The Supreme Court is expected to conclude hearings shortly, as tension remains high over the film’s alleged communal messaging and its impact on an ongoing criminal trial. The final verdict may set a precedent on how freedom of expression is balanced with community sensitivities and fair trial rights.
