Centre withdraws order recommending cuts in 'Udaipur Files' movie, Delhi HC dispose of petitions

New Delhi [India], August 1 (ANI): The Central government on Friday withdrew the order recommending 6 cuts in the movie Udaipur Files. It also said that it would hear the parties afresh and would pass an appropriate order in revision. Noting the statement given by the Additional Solicitor General (ASG), the Delhi High Court disposed of two petitions seeking a stay on the release of the movie.

The division bench headed by Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela noted the statement given by ASG Chetan Sharma on institutions, stating that the Government is withdrawing the order of July 21, which recommended cuts in the movie Udaipur Files. We will hear the parties afresh.

While disposing of the petitions, the Delhi High Court on Friday directed the parties to appear before the revisional authority on Monday.

The High Court has directed the authority to take an appropriate decision by Wednesday.

The High Court was dealing with the petition moved by Mohd. Javed, who is an accused in the murder case of Kanhaiya Lal. Maulana Arshad Madani filed another petition. In response to a query by the chief justice, from where did the government get the power to recommend the cuts in the movie?

ASG Chetan Sharma submitted that the recommendations of the examining committee were sent to the chairperson, and it is as per the dictum of the rules under the Act. The government has not issued any notification after examining the movie in question. It means the revision stands dismissed.

On the concern of the petitioner Mohd Javed regarding the fair trial, ASG submitted that Judges are trained in a particular way, they dont get influenced by the movies. It is the answer to the question of the petitioner.

The chief justice asked the SG What authority was available to you to pass such an order. You made direction over and above the CBFC

The High Court further said that the Central Government here is acting as a statutory authority.

It further said that the question remains, what nature of order can be passed by the Centre in revisional authority.

The question is whether you passed an order as a revisional authority as per section 6 (2) of the Cinematography Act, the High Court said.

As per section 6(2), the Central government can pass only three orders, it added.

Chief Justice said that we appreciate that you heard the parties, but the question still remains. You could have simply said that nothing needed to be done, the matter would not have come here. You could have done something under provisions from Section 6(2) a,b or c. You could have rejected.

The ASG said that the revisional powers of government are not denuned after deletion of section 5(1). It is rather enforced.

The Chief Justice asked you (Government) to make certain recommendations to the board. Where from you got this power under section 6(2). The question is of power, where do you derive this power???

By recommending you deprived them (Petitioners) of their right to appeal, the chief justice said.

Where do you have the power to pick up a matter, and say, you do this, you dont do this, the chief justice asked.

Chief Justice said that, then saying it is only a recommendation to the Board? From where do you derive this power?

While making submissions, the ASG said Have I gone beyond the powers? The Central Government would become a repository for certification. We will become the third appellate authority. Board is relegated to this. I dont have to pass an order on everything.

Chief Justice again asked but what made you suggest cuts? The court asked Does it leave any discretion with them?

The Chief Justice said that the Rules are not technical; they are to be followed. The principle of natural justice is to be followed.

ASG submitted that if the order is not satisfied, the legal conscience of the court. Please set it aside. I am saying that as an officer of the court.

The court asked the ASG to take instructions and come back.

At the outset of the second round of hearing, the ASG Sharma submitted on instructions that we are withdrawing the order of July 21. We will pass an order as per the law.

Senior advocate Gaurav Bhatia, on behalf of Film producer Amit Jani, opposed the submissions that said that the release of the film is already delayed by 21 days.

The Chief Justice said that the government is withdrawing the order. A hearing is to be afforded. You will be heard.

Chief Justice asked the ASG How long will it take to decide the revision.

ASG submitted, it will be decided within 5 days. It will be done by Wednesday.

Gaurav Bhatia submitted This can be done by Monday. All the proceedings have already been completed before the revision authority.

The High Court directed the parties to appear before the revisional authorities. No notice required to be issued. No party shall seek an adjournment.

We direct the revisional authority to decide the revision by Wednesday, the High Court said. (ANI)

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