Petitioner Mohammed Javed seeks Supreme Court intervention to stay Udaipur Files release citing fair trial concerns and public interest.

Case in News

Accused moves SC against Udaipur Files film citing it violates right to fair trial under Article 21 .

Case Overview

Case Name – Mohammed Javed vs. Union of India & Ors.

Mohammed Javed, the eighth accused in the Kanhaiya Lal murder case has approached the Supreme Court of India seeking a stay on the release of the film “Udaipur Files : Kanhaiya Lal Tailor Murder.” He contends that the film prejudices the ongoing trial and infringes his fundamental right to a fair trial under Article 21 of the Constitution of India . The case is under trial before the Special NIA Court, Jaipur, and was investigated by the National Investigation Agency (NIA) .

Key Aspects

The petitioner argues that the film, set for release on July 11, portrays the accused as guilty before the conclusion of trial . He believes this compromises the fairness of proceedings and risks inciting communal disharmony .

• Kanhaiya Lal was murdered in June 2022 over a social media post .
  
• Accused includes Mohammed Javed and others, charged under anti-terror laws .
  
• Trial is ongoing before Special NIA Court under UAPA and IPC .
  
• Film Udaipur Files allegedly undermines presumption of innocence .
  
• Petitioner claims the film may provoke communal unrest .
  
• Jamiat Ulema-i-Hind has filed a similar plea in Delhi High Court .
  

Legal Insights

The petitioner relies on both constitutional guarantees and statutory provisions that ensure fairness in criminal trials and allow regulatory control over film content .

• Article 21, Constitution of India : Guarantees the right to life and personal liberty which includes the right to a free and fair trial .
  
• Section 6, Cinematograph Act, 1952 : Provides revisional powers to the Central Government to suspend or revoke a film’s certification if it is contrary to public interest .
  
• Section 101, Indian Evidence Act, 1872 : Establishes the burden of proof on the prosecution reinforcing the presumption of innocence until proven guilty .
  
• Section 302, Indian Penal Code, 1860 : Punishment for murder .
  
• Section 120B, IPC : Punishment for criminal conspiracy .
  
• Sections 16 and 18, Unlawful Activities (Prevention) Act, 1967 : Relate to terrorist acts and conspiracy to commit such acts .
  

Court’s Verdict

The Supreme Court of India has not passed any verdict on the petition . The matter is currently pending listing .

Source – Supreme Court of India 

Read also – Article 21, Constitution of India