In a key ruling, the Supreme Court on Friday declined to halt the release of Udaipur Files, a film that has sparked sharp reactions from different sections of society.
A bench led by Justice Surya Kant stated that no ban exists on the film as of now and advised petitioners to move their cases to the High Court for further proceedings.
The High Court will take up the matter on Monday, 28 July.
Earlier, a government-appointed committee reviewed the film and proposed the removal of six specific scenes. The panel recommended changes to the film’s disclaimer.
Advocate Gaurav Bhatia, representing the film’s makers, assured the Court that the producers and director would duly implement these recommendations.
Despite clearance from the Central Board of Film Certification (CBFC), the film has come under fire from Muslim organisations, including Jamiat Ulama-e-Hind.
The group’s president, Maulana Arshad Madani, and others have accused the film of tarnishing the image of the Muslim community.
Senior advocate Kapil Sibal, appearing for Jamiat Ulama-e-Hind, alleged political affiliations among several CBFC panel members and questioned the panel’s neutrality.
Court Addresses Committee Concerns
Justice Surya Kant addressed the claims, stating that governments commonly make such appointments and that no one can legally challenge them.
Justice Dipankar Datta Bagchi added that there is no impropriety in governments forming advisory panels, as it falls within their purview.
During the hearing, Justice Surya Kant remarked to the film’s legal representative that the ongoing controversy had, in fact, brought valuable publicity to the film.
“The more publicity it receives, the more people will watch it. I don’t think any loss has occurred,” the judge said. This was about Bhatia’s statement that his entire investment was at risk despite official approvals.
The bench emphasised the importance of creative freedom, with Justice Surya Kant stating, “Anyone can write a novel, a story, or make a film. If every such expression that connects with real identities were banned, it would lead to widespread confusion. Watching or not watching is society’s choice. Rights can be protected even by allowing public access to such content.”
Supporting the film’s right to exist, Solicitor General Tushar Mehta argued on behalf of the Centre that films based on real events are a legitimate form of expression and storytelling, provided they comply with the legal framework.
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