High Court Reverses Stay
The Kerala High Court has intervened in the matter of 'The Kerala Story 2 – Goes Beyond', granting permission for its release. This comes after a single judge had previously issued a stay order for 15
days, halting the film's screening. The appellate division bench, comprising Justices Sushrut Arvind Dharmadhikari and P V Balakrishnan, heard an appeal from Vipul Amrutlal Shah, the proprietor of Sunshine Pictures, Mumbai. Their decision allows the film to proceed with its intended release across more than 1,800 cinemas nationwide and in 355 international locations. The division bench had reserved its judgment after an expedited hearing on Thursday evening, ultimately issuing their interim order on Friday afternoon, thereby clearing the path for the film's exhibition.
Justification for Release
The initial stay by the single judge was based on a review of the teaser, which was deemed to have a 'prima facie potential to distort public perception and disturb communal harmony.' However, the division bench articulated that once a film receives a certificate from the Central Board of Film Certification (CBFC), there's an initial presumption that all applicable guidelines, including those pertaining to public order, have been thoroughly considered. The court emphasized that any potential issues arising from the film's release are the responsibility of the state to manage. The bench highlighted that the modifications made by the filmmakers as per CBFC directives further indicated a careful review process, making the single judge's order to interdict the release untenable.
CBFC's Due Diligence
The division bench strongly asserted that the CBFC had demonstrated due application of mind when granting the certification for 'The Kerala Story 2'. The court reasoned that the certification process, governed by Section 5B of the Cinematograph Act, 1952, and associated guidelines, involves judging the film in its totality and considering its overall impact. The bench found it unacceptable to halt a film's release based solely on brief clips without viewing the entire movie. They pointed out that the specific excisions and alterations requested by the CBFC and implemented by the film's creators served as concrete evidence of a thoughtful and thorough examination of the content before certification was issued, reinforcing the presumption of proper procedure.
