Kerala High Court Scrutinizes PIL Nature of Pleas Against 'The Kerala Story 2' Film Release
In a significant late-evening hearing, the Kerala High Court has raised critical questions regarding the nature of pleas opposing the certification and release of the upcoming film 'The Kerala Story 2'. A bench comprising Justices Sushrut Arvind Dharmadhikari and P V Balakrishnan observed that these objections appear to be in the form of a public interest litigation (PIL), prompting scrutiny of the judicial process involved.
Court Questions Single Judge's Jurisdiction Over PIL-Like Pleas
The bench specifically questioned how a single judge could entertain such pleas, which bear the characteristics of a PIL, rather than a standard legal challenge. This observation came during the hearing of an appeal against an earlier order that had put on hold the release of 'The Kerala Story 2'. The court's inquiry highlights procedural concerns in handling cases that may involve broader public interest elements versus individual grievances.
Key Points from the Hearing:
- The bench noted the pleas opposing the film's certification seem to function as a public interest litigation, raising questions about their admissibility under current judicial norms.
- Justices Dharmadhikari and Balakrishnan emphasized the need to examine whether such matters should be heard by a single judge or require a different bench structure, given their PIL-like nature.
- The appeal challenges a previous order that temporarily halted the release of 'The Kerala Story 2', adding urgency to the court's deliberations on the film's certification status.
Background and Implications for Film Certification
This development follows ongoing legal battles surrounding the film's content and certification process. 'The Kerala Story 2' has faced opposition from various groups, leading to legal petitions that have now reached the High Court. The court's focus on the PIL aspect suggests a potential shift in how similar cases might be handled in the future, particularly those involving media and artistic expression.
Procedural and Legal Considerations:
- The court is considering whether pleas against film certification should be treated as PILs, which typically address issues of public welfare rather than specific legal disputes.
- This could impact the timeline for 'The Kerala Story 2''s release, as the appeal seeks to overturn the hold order, pending the court's final decision.
- The hearing underscores the balance between freedom of expression and regulatory oversight in India's film industry, with the High Court playing a pivotal role in clarifying judicial boundaries.
As the case progresses, stakeholders await further rulings that could set precedents for film certification challenges in Kerala and beyond. The court's emphasis on procedural correctness reflects its commitment to ensuring fair and appropriate legal processes in matters of public interest.
