Udaipur Files, a film based on the murder of tailor Kanhaiya Lal in Udaipur, will not be released on Friday. The Delhi High Court said that the release of the film will continue to be banned till the central government decides on interim relief on the revision application filed by Jamiat Ulema-e-Hind against the certification given to the film by the Central Board of Film Certification (CBFC).
However, a bench of Chief Justice Devendra Kumar Upadhyay and Justice Anish Dayal refused to exercise its writ jurisdiction.
Jamiat Ulema-e-Hind against release
The petition filed by Jamiat Ulema-e-Hind against the release of the film was heard in two phases for more than four hours. The bench said that the petitioners should first use their statutory remedy for reconsideration under Section-6 of the Cinematograph Act.
The court said that the petitioners have been allowed to exercise revision powers under Section-6 of the Act within two days. Any third party can also exercise revision powers under Section 6.
It may be noted that Section 6 gives the Central Government sufficient powers to declare the film uncertified or to provide interim measures like banning the screening of the film.
Sibal said this
During the hearing, senior advocate Kapil Sibal, appearing for the petitioner, said that the film contains scenes showing homos and intimate perversion of a member of the minority community.
I have seen the film, and the entire film is against the community, Sibal.
He said that I have seen the film, and the entire film is against the community. He said that even if the petition is dismissed, the court should see the film and decide. On the other hand, ASG Chetan Sharma, appearing for the Censor Board and the Central Government, said that after considering the prayer made by the Board for film certification, the producer was ordered to make amendments to make 55 cuts.
Should have contacted the Centre
The High Court said that it is not that it is inappropriate for this court to exercise extraordinary jurisdiction, but considering the facts of the case, it thinks that the petitioner should have contacted the Central Government. The court directed that the government will consider and take a decision within a week on the filing a review petition by the petitioner.
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