Judicial Intervention for Release
In a significant legal development, the Kerala High Court has lifted a previously imposed stay that was preventing the release of the sequel to the film 'The Kerala Story.' The producers of the movie,
'The Kerala Story: The Beginning,' had taken their case to the high court after a single judge's bench issued an order to halt the film's screening. This appeal was heard by a division bench, which ultimately decided to clear the path for the sequel's premiere, allowing it to proceed as planned after the initial setback.
Challenging the Halt
The producers of 'The Kerala Story 2 – Goes Beyond' launched a direct challenge against the single bench's order that had put their film on hold. The division bench, comprising Justices Sushrut Arvind Dharmadhikari and P V Balakrishnan, reviewed the appeals filed by Vipul Amrutlal Shah of Sunshine Pictures. The core of the producer's argument revolved around the severe financial implications of delaying the film's release, particularly as it was scheduled to hit theaters on the same day the stay was issued. This urgency prompted a rapid legal response to protect their investment and distribution plans.
Court's Reasoning on Certification
The division bench articulated its reasoning for overturning the stay, noting that the single bench's concern about the Central Board of Film Certification (CBFC) not adhering to guidelines was not sufficiently substantiated. The court indicated that judging certification issues based on isolated clips, without viewing the entire film, might be premature. Furthermore, the bench highlighted that modifications and adjustments made in accordance with CBFC directives suggested a thorough review process. A presumption exists, the court observed, that when a certification is granted, all relevant guidelines, including those pertaining to public order, have been considered. The responsibility for maintaining public order, if any issues arise post-release, rests with the state, the court clarified.
Original Stay and Concerns
The initial stay on the film's release was granted by a single bench on Thursday for a period of 15 days. This halt stemmed from petitions filed by Sreedev Namboothiri and Freddy V Francis, who contended that the film's depiction of forced religious conversions could incite communal disharmony and disrupt public order. They also raised objections to the use of 'Kerala' in the title, suggesting it could be inflammatory. The stay was intended to allow the ministry of information and broadcasting to re-evaluate the film via a revision petition. However, this order was swiftly contested, leading to the formation of a special division bench to hear the appeals on an expedited basis due to the impending release.
