Delhi HC To Examine If Centre Has Power To Order Cuts In ‘Udaipur Files’ Movie

Udaipur Files

The Delhi High Court on Wednesday questioned the Centre’s power to direct 6 cuts in the film Udaipur Files – Kanhaiya Lal Tailor Murder while exercising its revisional jurisdiction under the Cinematograph Act.

A bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela emphasized that the government’s powers must be exercised strictly within the limits prescribed by law. “You cannot go beyond the four corners of the statute,” the bench remarked.

The court raised this issue after being informed that the Central government, while revising the film’s certification under Section 6 of the Cinematograph Act, recommended six cuts along with a disclaimer to the filmmakers. However, despite the film’s recertification, the revised certificate has not been issued because the matter remains sub judice in the high court.

The petition challenging the Centre’s action was filed by Mohammed Javed, an accused in the Kanhaiya Lal murder case, who argued that the film’s release would prejudice his ongoing trial.

His counsel, senior advocate Maneka Guruswamy, contended that the government’s direction to modify the film through cuts and disclaimers exceeds its statutory powers.

More Into The Case

The bench noted that earlier it had taken cognizance of amendments to Section 6 and clarified the scope of orders permissible under it.

The court asked Additional Solicitor General Chetan Sharma, representing the Centre and the Central Board of Film Certification (CBFC), whether the power to mandate specific cuts was indeed available under the statute.

Sharma explained that the film underwent a two-stage review process: initially, the censor board suggested 55 cuts on general grounds, and later a committee recommended an additional 6 cuts, totaling 61.

Guruswamy argued that while the Centre can revoke certification, change the rating, or ban the film, it cannot direct precise edits such as removing dialogues or altering disclaimers, as that infringes on the statutory framework.

She further asserted that the film is based directly on the case chargesheet, with dialogues lifted verbatim, which could undermine Javed’s right to a fair trial guaranteed under Article 21 of the Constitution.

Javed himself emphasized that he was released on bail due to lack of connection with the allegations, and fears that the film’s release would prejudice ongoing proceedings.

The court did not conclude the matter and scheduled further hearing for August 1. In addition to Javed’s petition, another plea by Jamiat Ulema-i-Hind president Maulana Arshad Madani awaits hearing.

This high court matter follows a Supreme Court directive instructing petitioners to challenge the Centre’s revisional order before the High Court.

Earlier, the Supreme Court dismissed the filmmakers’ appeal against a high court stay on the film’s release, noting they had accepted the Centre’s conditions including the six cuts and disclaimer changes.

Background

Udaipur Files is based on the 2022 murder of tailor Kanhaiya Lal in Udaipur. The accused allegedly killed Lal over his alleged social media post supporting former BJP leader Nupur Sharma, whose remarks about Prophet Mohammed sparked nationwide controversy.

The National Investigation Agency (NIA) is probing the case, and the trial is ongoing in a special NIA court in Jaipur.