The Kerala High Court on Friday stayed for two weeks a single judge’s interim order that had put the release of The Kerala Story 2-Goes Beyond on hold for 15 days.
According to a PTI report, a division bench comprising Justices Sushrut Arvind Dharmadhikari and P V Balakrishnan passed the interim order on an appeal filed late Thursday night by the film’s producer, Vipul Amrutlal Shah, hours after the stay on the movie’s release was issued. The bench had reserved its verdict in the appeal on Thursday night.
As per the report, the bench in its order said that the single judge's finding that guidelines for certification have not been borne in mind by the Central Board of Film Certification (CBFC) were "merely on the basis of a few clippings and without viewing the movie" and therefore, it "cannot be countenanced".
"That apart, the fact that insertions, excisions and modifications, have been carried out by the appellant (Shah) in the movie as per the directions of the CBFC would only further reinforce the fact that there is an application of mind from the part of Board while granting the certificate," the bench said.
It further said that once a certificate has been issued, there is, prima facie, a presumption that the authority concerned has taken into account all the guidelines, including public order.
"... if, due to the release of the movie, any issue of public order arises, it is the duty of the state to maintain it," the bench said.
The court also said that this presumption includes that the film has been judged in its entirety from the point of view of its overall impacts, by taking into consideration the principles enunciated in the Cinematograph Act, 1952 and the relevant guidelines.
"In such circumstances, merely on the basis of a few clippings and without viewing the movie, the finding of the single judge that the guidelines for certification have not been borne in mind by the CBFC while granting certification, cannot be countenanced.
"In the light of the afore discussions, we are of the view that the impugned order dated February 26, 2026 interdicting the release of the movie is only to be stayed and we do so. Ordered accordingly," the bench said.
In his appeal, Shah contended that the film does not harm or denigrate the state of Kerala or any religious community. “The film only portrays a social evil,” his counsel submitted before the court.
He further argued that any delay in release would cause severe financial losses, stating that the film is slated to be screened in 1,500 theatres across India and over 300 overseas on February 27. A stay, he said, would “financially finish” the producers.
The earlier interim order had been passed by a single judge on the ground that there was a prima facie “manifest non-application of mind” by the Central Board of Film Certification (CBFC) in granting certification.
The judge had also observed that there was a prima facie possibility of communal disharmony or denigration of a community in the film and held that releasing it without scrutiny by higher authorities would be legally improper.
Additionally, the court noted that the teaser of the film appeared to have the potential to distort public perception and disturb communal harmony, warranting judicial intervention at this stage.
(With inputs from PTI)