Kerala High Court Temporarily Stays Film Release Ban in Major Legal Reversal
The Kerala High Court delivered a significant legal development on Friday, granting a two-week stay on its own single judge order that had previously put the release of the controversial film 'The Kerala Story 2 – Goes Beyond' on hold. This decision marks a pivotal moment in the ongoing legal battle surrounding the film's screening in the state, with producer Vipul Amrutlal Shah successfully challenging the interim relief that had blocked its theatrical debut.
Background: Single Judge's Order and Legal Concerns
On Thursday, Justice Bechu Kurian Thomas had issued a stay on the film's release for 15 days, citing serious legal and social concerns. The court observed that there was a prima facie "manifest non-application of mind to the requirement of law" by the Central Board of Film Certification (CBFC), raising questions about the certification process.
Furthermore, Justice Thomas noted that "the possibility of communal disharmony or denigration of a community also being prima facie involved in the movie," emphasizing that releasing it without proper scrutiny by higher authorities would be legally improper. The court specifically referenced the film's teaser, stating it had "a prima facie potential to distort public perception and disturb communal harmony."
Division Bench Intervention and Legal Proceedings
Following the single judge's ruling, producer Vipul Amrutlal Shah urgently approached a division bench of the Kerala High Court late on Thursday night. The appeal was heard by a bench comprising Justices Sushrut Arvind Dharmadhikari and P V Balakrishnan, which reserved its order after hearing detailed arguments from all parties involved.
Initially, the division bench had not granted any interim stay on the single judge's direction. However, with Friday's decisive ruling, the operation of the earlier order has now been kept in abeyance for two weeks, providing temporary relief to the film's producers and distributors.
Ticket Sales and Contempt Petition Developments
In related developments, lawyers representing petitioners opposing the film's screening confirmed that tickets booked earlier in the day were being systematically refunded, and the movie had not been released despite earlier concerns. Advocate Maitreyi Sachidananda Hegde, appearing for petitioner Sreedev Namboodiri, had previously mentioned before Justice Thomas that ticket bookings were continuing despite the stay order.
Hegde had indicated she would verify whether the film was being screened and, if so, move a contempt petition. However, in a significant update later in the afternoon, Hegde informed news agency PTI that upon verification, she found that "the film has not been released and the ticket amounts were being refunded." Consequently, she confirmed, "So, I will not be moving a contempt petition."
Legal Implications and Future Proceedings
This legal saga highlights the complex interplay between artistic expression, certification protocols, and social harmony considerations in Indian cinema. The two-week stay provides a temporary window for further legal arguments and potential resolutions while maintaining the status quo regarding the film's release.
The case continues to draw significant attention from legal experts, film industry stakeholders, and social commentators, with the division bench's forthcoming detailed order expected to provide further clarity on the legal standards governing film certification and release protocols in sensitive contexts.
