Kerala High Court Overturns Stay on 'The Kerala Story 2' Film Release
A division bench of the Kerala High Court, comprising Justices Sushrut Arvind Dharmadhikari and P V Balakrishnan, on Friday stayed a single bench order that had halted the release and public exhibition of the film 'The Kerala Story 2 – Goes Beyond'. The decision came on appeals filed by Vipul Amrutlal Shah, proprietor of Sunshine Pictures, the producer of the movie, who argued that blocking the release would have severe financial consequences.
Court's Observations on CBFC Certification
The division bench noted that the single bench's finding that the Central Board of Film Certification (CBFC) did not follow certification guidelines could not be sustained based solely on a few clippings without viewing the entire film. The court emphasized that insertions, excisions, and modifications were made in accordance with CBFC directions, indicating due application of mind by the board during certification.
Prima facie, there is a presumption that once a certificate is issued, the authority considered all relevant guidelines, including those related to public order, the court stated. It further clarified that if any law and order issues arise upon the movie's release, it would be the state's duty to maintain public order.
Background of the Legal Dispute
The single bench had on Thursday stayed the film's release for 15 days in response to petitions filed by Sreedev Namboothiri of Kannur and Freddy V Francis of Ernakulam. The petitioners alleged that the film, which depicts forceful religious conversions, could lead to communal disharmony and adversely affect public order. They also argued that the use of the word "Kerala" in the title was misleading and potentially inflammatory.
The stay was intended to allow the Ministry of Information and Broadcasting to re-examine the film on a revision petition filed by Namboothiri. However, the order was challenged within hours, leading to the formation of a special division bench to hear the appeals at 8 PM on Thursday, at the producer's urgent request due to the scheduled Friday release.
Urgent Hearing and Final Decision
The special division bench conducted a two-hour hearing before reserving its order. The producer's appeal highlighted the urgency of the matter, as the film was set to hit theatres on Friday. The court's decision to lift the stay ensures that 'The Kerala Story 2 – Goes Beyond' can proceed with its planned release, pending any further legal developments.
