'Will Affect Right To Fair Trial' : Kanhaiya Lal Murder Case Accused Moves Supreme Court Against 'Udaipur Files' Film Release

An accused in the Kanhaiya Lal murder case has filed a writ petition in the Supreme Court seeking to stop the release of the film "Udaipur Files : Kanhaiya Lal Tailor Murder", contending that the screening of the film, which is said to be based on the events pertaining to the case, will violate his fundamental right to fair trial.

The petition has been filed by one Mohammed Javed, who is facing trial as the eighth accused in the case. He sought the stay of the film's release till the trial in the case is over.

Kanhaiya Lal Teli, an Udaipur-based tailor, was brutally murdered in June 2022, allegedly by Mohammad Riyaz and Mohammad Ghous. The perpetrators later released a video claiming the murder was in retaliation for Kanhaiya Lal allegedly sharing a social media post in support of Nupur Sharma, a former BJP spokesperson, soon after she made controversial comments about the Prophet. The case was investigated by the National Investigation Agency, and offences under the Unlawful Activities Prevention Act and the Indian Penal Code have been framed against the accused. The trial is progressing before the Special NIA Court, Jaipur.

The petitioner contended that the film, scheduled to be released on July 11, appeared to be communally provocative from its trailer and promotional materials. Releasing such a movie at this juncture, portraying the accused as guilty and the story as conclusively true, has the potential to seriously prejudice the ongoing proceedings, the petitioner contended.

"It compromises the presumption of innocence and risks influencing public opinion in a manner that could affect the fairness of the trial. This directly impacts the right to a free and fair trial of the Petitioner, as guaranteed under Article 21 of the Constitution of India," read the petition.

The petitioner relied on Section 6 of the Cinematograph Act, which gives special revisional powers to the Central Government to revoke the certification of a film in public interest, and argued that this power ought to be invoked. 

"The storyline, filled with emotionally charged depictions, risks interfering with the judicial process and adversely affect the accused persons' right to a fair and impartial trial, a right that is granted under Article 21 of the Constitution of India. In these circumstances, the Central Government's intervention under Section 6 is not only warranted but necessary to uphold the sanctity of the rule of law and prevent further damage to the administration of justice," the petitioner urged. Also, he argued that the film can promote communal disharmony.

Yesterday, Islamic cleric's body, Jamiat Ulema-i-Hind, approached the Delhi High Court against the film's release, contending that it was communally divisive.

The petition has been filed through AoR Pyoli.