The Delhi High Court on Thursday refused to halt the release of the controversial film “Udaipur Files – Kanhaiya Lal Tailor Murder”. The Delhi High Court said that the petitioner failed to prove how it would cause irreparable harm to his right to a fair trial.
The movie, produced by Amit Jani, is based on the shocking 2022 murder of tailor Kanhaiya Lal in Udaipur, Rajasthan. The makers have scheduled its theatrical release for Friday, following a series of legal hurdles and certification reviews.
Accused Sought Stay Over Fair Trial Concerns
Mohd Javed, an accused in the ongoing Kanhaiya Lal murder case, filed the petition. He had requested a stay on the film’s release, claiming that it would influence witness testimonies and prejudice the trial, which is currently at an early stage.
“This film says that I am a conspirator in murder. The dialogue setting is from the chargesheet. My role ascribed in the chargesheet has been lifted and used in the film,” Javed’s lawyer, senior advocate Maneka Guruswamy, told the court.
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She pointed out that the court has examined only six witnesses so far, with 160 more still to go, and warned that dialogues lifted directly from the chargesheet could sway public perception.
Court Rules in Favour of Filmmaker
The bench of Chief Justice DK Upadhyay and Justice Tushar Rao Gedela ruled that the screening of the film would not infringe upon the accused’s right to a fair trial.
The court clarified that the learned judge would conduct the trial without letting the film’s depiction influence him. It added that the petitioner had not established a prima facie case, nor proved that the film’s release would result in irreparable damage.
The court also considered the financial investment made by producer Amit Jani.
“The producer has already invested a huge amount in producing the film… he has spent his lifetime earnings. Thus, in case the exhibition of the film is stopped, the balance of convenience will be disturbed, which lies in favour of the producer,” the bench noted.
Film Re-certified After Cuts, NOC From Victim’s Family
Representing the Centre, Additional Solicitor General Chetan Sharma and Amit Tiwari said the government had applied due process before granting the release. The Ministry had initially ordered six edits on July 21, and later upheld the film’s certification on August 6 after reviewing it again.
Lawyer Gaurav Bhatia, who represents producer Amit Jani, stated that the filmmakers made the movie after including 61 cuts, editing the disclaimer, and obtaining a No Objection Certificate (NOC) from Kanhaiya Lal’s family.
He also argued that the film carried a “positive message” and did not intend to vilify any community.
While denying the stay, the court issued a notice in Javed’s plea challenging the Centre’s August 6 order. It listed the matter for further hearing on October 16.
The National Investigation Agency (NIA) is investigating the case. The special NIA court in Jaipur is trying Javed and others under the Unlawful Activities Prevention Act (UAPA).
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