KOCHI: Hours after a single judge of the Kerala High Court stayed the release of the movie The Kerala Story 2: Goes Beyond, a division bench held a late-night emergency hearing of an appeal filed by producer Vipul Amrutlal Shah, seeking to quash the single judge’s order. The bench, comprising justices Sushrut Arvind Dharmadhikari and P V Balakrishnan, reserved its order.
Earlier in the day, Justice Bechu Kurian Thomas had stayed the release of the film for 15 days. The single judge passed the order on petitions filed by Sreedev Namboodiri of Kannur and Freddy V Francis of Ernakulam, challenging the theatrical, digital and satellite release, as well as further exhibition of the film.
The film is scheduled to be released on Friday. Till the division bench’s judgment is pronounced, the single-judge bench’s interim order will prevail.
In the appeal before the division bench, the producer submitted that the court should allow the release as the film is scheduled to be screened in more than 1,800 theatres across the country and in 355 centres abroad. If the film is not released on the scheduled date, the makers would suffer financial losses. Counsel for the producers submitted that the single judge erred in substituting his own assessment of the film’s content for the expert determination of Central Board of Film Certification (CBFC), the sole statutory authority constituted under the Cinematograph Act, 1952, to certify films for public exhibition.
The CBFC examined the complete film, ordered several cuts, which were duly complied with, and then granted certification, he said.
Senior SC lawyer Neeraj Kishan Kaul, appearing for Shah, said: “...There is nothing in the movie to denigrate the state of Kerala. It is a state loved by everyone. It only shows a protagonist emerging from the state, and the narrative goes beyond it. If a section within a religion is shown practising a social evil, that cannot be termed an insult or denigration of the religion.”
He said the CBFC had taken a clear view that the film does not denigrate the state. The protagonist is not from Kerala alone, but from other states as well as the narrative extends to Rajasthan and Madhya Pradesh, he said.
‘Film won’t be certified if it threatens sovereignty’
Earlier in the day, the CBFC submitted before the single bench that the petitions were in the nature of public interest litigations. It stated that a film would not be certified if it is against the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency or morality, or if it involves defamation, contempt of court, or is likely to incite the commission of any offence. It added that the teaser and trailer released on social media were not certified by the CBFC. Since the movie had not yet been released, the challenge was premature.
The single judge observed that, notwithstanding the shortage of time and considering the urgency of the matter, the court had offered to view the film to assess the allegations vis-a-vis the actual depiction. However, the producers evaded the same.
“Of course, this court cannot substitute its views for that of the regulatory body. However, if the content in the teaser itself, which is conceded to be part of the movie, has a prima facie potential to distort public perception and disturb communal harmony - falling squarely within the grounds enumerated under Section 5B(1), namely ‘public order’, ‘decency’ or ‘morality’ -a comprehensive assessment of the film may be necessary,” the court observed.
The court said dissemination of content with a tendency to create discord, disturb law and order, and undermine social harmony cannot fall within the ambit of freedom of speech and expression under Article 19(1)(a) of the Constitution. “Prima facie, these guidelines do not appear to have been borne in mind by the CBFC while granting certification,” the single judge observed.
What the single judge said
Repeated portrayal of the theme in a second movie of almost the same name and concept could create contempt towards a religious group in the state and towards the State itself, promote communal and fanatical attitudes, and endanger public order.
There is a possibility that Kerala, otherwise known for communal harmony and friendly people, could be identified by viewers across the globe as a hub of fanaticism and communal divide.
There is nothing to indicate that the CBFC had considered the above factors while certifying the film with a UA 16+ rating.