The bench said it has not expressed any opinion on merit and the high court can adjudicate the issue of stay of release of film.
It asked Jamiat Ulema-i-Hind president Maulana Arshad Madani and Mohd Javed, who is an accused in the Kanhaiya Lal murder case, to move the high court against the Centre’s decision.
The high court on July 10 stayed the film’s release on a Madani’s plea, invoking powers of the Central Government under Section 6 of the Cinematograph Act, 1952, till the representation is decided by the Central Government, for which the high court granted one week time.
The filmmakers claimed to have received a Central Board of Film Certification (CBFC) certificate with the board suggesting 55 cuts and the film was due to be released on July 11.
Udaipur-based tailor Kanhaiya Lal was murdered in June 2022 allegedly by Mohammad Riyaz and Mohammad Ghous.
The assailants later released a video claiming that the murder was in reaction to the tailor allegedly sharing a social media post in support of former BJP member Nupur Sharma following her controversial comments on Prophet Mohammed.
The case was probed by the NIA and the accused were booked under the stringent Unlawful Activities Prevention Act, besides provisions under IPC.
The trial is pending before the special NIA court in Jaipur. PTI MNL MNL AMK AMK