The Kerala High Court on Thursday granted an interim stay on the release of the film “The Kerala Story 2–Goes Beyond”. The court observed that, prima facie, there appeared to be non-application of mind by the censor board while granting certification to the movie.
Justice Bechu Kurian Thomas passed the order while hearing two petitions that challenged the film’s release. The movie was scheduled for release on February 27.
In its order, the court said the guidelines meant to ensure that a film does not disrupt social harmony did not appear to have been properly followed by the Central Board of Film Certification (CBFC).
“Prima facie, these guidelines do not seem to have been borne in mind by the CBFC while granting certification and there is a manifest disregard of the applicable law, necessitating this court to interfere,” the order stated.
The court also observed that content which has the potential to create discord, disturb law and order, or undermine social harmony cannot fall within the protection of freedom of speech and expression under Article 19(1)(a) of the Constitution.
The court ordered the Centre to consider and pass orders within two weeks on a revision plea filed by one of the petitioners, Sreedev Namboodiri, against the certification granted to the film.
It further said the Union government must give an opportunity of hearing to the petitioner, the CBFC, and the film’s producer, Vipul Amrutlal Shah, before taking a decision on the revision plea.
“In the meantime, there will be an interim stay on the release of the film "The Kerala Story 2-Goes Beyond", and the respondent 2 (CBFC) and respondent 3 (Shah) are directed to ensure that the movie is not released for public viewing for a period of 13 days from today,” the court order stated. Three separate petitions had demanded to quash the CBFC certificate granted to the film. Of these, the court dismissed one petition for lack of locus standi and admitted the remaining two, including the one filed by Namboodiri.
Apart from seeking cancellation of the film’s certification, Namboodiri’s petition, filed through advocate Maitreyi Sachidananda Hegde, also requested certain modifications, including reconsideration of the film’s title. The petitioner alleged that the film was certified without proper compliance with the statutory requirements under the Cinematograph Act, 1952.
Also read: HC flays CBFC approval to movie, says Kerala lives in harmony
Follow us
