Kerala HC stays release of ‘The Kerala Story 2: Goes Beyond’, asks CBFC to re-examine the movie

The Kerala High Court on Thursday stayed the release of the movie ‘The Kerala Story 2 – Goes Beyond’ , for 15 days, observing that prima facie there is non-application of mind by the censor board while certifying the movie.

A single bench Justice Bechu Kurian Thomas passed the interim order on petitions challenging the certification granted by the Central Board of Film Certification (CBFC) for the release of the film. The Court said prima facie there was an absence of application of mind by the CBFC while granting certification. It, therefore, directed the CBFC to consider the revision petitions filed by the petitioners before the board within a period of two weeks.Until the CBFC passes fresh orders, the Court ordered that the movie shall not be released.The film was slated to hit the theatres on Friday.

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The court, in its order staying the release of the movie, said, “The very content in the teaser itself, which is conceded to be part of the movie, has the prima facie potential to distort the public perception and disturb communal harmony. There is a possibility that the State of Kerala, otherwise known for its communal harmony and friendly natives, be identified by viewers across the world as a hub of fanatical and communal divide.”

The Court said while it is usually hesitant when it comes to interfering with the release of films, it has to step in when the alleged content of the film could have the genuine potential of inciting communal disharmony.

Dissemination of content that tends to create discord, disturb law and order, or undermine social harmony may not fall within the ambit of the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution, the court observed

The court further said that the CBFC prima facie ignored the Central Government’s guidelines against presentation of visuals contemptuous of racial, religious or other groups and of visuals that promote communal, anti-national attitude or endanger public order.

The petitioners, Sreedev Namboothiri of Kannur and others, argued that the certification to the movie was granted without duly complying with the statutory mandate under the Cinematograph Act. It was contended that the title of the movie combined with the narratives portrayed in the film, including forced conversions, terrorism, would stigmatise the entire region of Kerala. They argued that the content of the movie is to incite passion and communal violence.