Delhi HC allows release of 'Udaipur Files' movie

New Delhi: The Delhi High Court on Thursday refused to stay the release of movie 'Udaipur Files', based on tailor Kanhaiya Lal murder case, scheduled to hit the screens tomorrow.

A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela passed the order while dismissing a plea seeking movie's stay, saying the petitioner failed to establish a prima facie case in his favour.

"Producer has already spent life earnings in the film and if the movie is not released the balance of convenience will be disturbed. Once a film has been certified by the Board and trial is not likely to be effected by exhibition, we find ourselves unable to agree to prayer for staying release of movie," the bench said.

On Wednesday, the Ministry of Information and Broadcasting (MIB) dismissed all revision petitions challenging the certification of the controversial film 'Udaipur Files: Kanhaiya Lal Tailor Murder', thereby clearing the path for its public release.

While allowing the release of the movie, the court on Thursday said that exhibition of the film will not cause any harm.

"Trial will be conducted by the judge uninfluenced as a trained judge. He has failed to establish how irreparable loss will be caused to him if release is not stayed. Prayer for staying release is hereby rejected," the bench said.

The bench was hearing arguments on a plea against the Ministry of Information and Broadcasting (MIB) order clearing certification of the movie.

During the hearing, the counsel for the petitioner Mohd. Javed, an accused in the murder case, told the court that if the film was allowed to be released, it would "prejudice the trial".

"Right to fair trial is supreme. Witnesses are to be examined. Film is only going to prejudice the trial. Dialogues are lifted from charge sheet. Title itself says Kanhaiya Lal murder. It will affect the trial," senior advocate Menaka Guruswamy, appearing for the accused, told the court.

The petition was opposed by the counsel representing the government, who said that authorities have applied its mind while clearing the movie for release.

"This is as fair as it can go. As transparent as it can be," the counsel said.

The counsel representing the movie produced, meanwhile, told the court that the tickets were already booked by viewers.

"Movie is to be released tomorrow. Producer has invested his lifetime saving in making this movie, which is his right as freedom of speech. Accused's name, his specific role not mentioned anywhere in film," Senior Advocate Gaurav Bhatia, appearing for the film producer, said.