The Kerala High Court on Friday declined to stay screening of ‘The Kerala Story’, a controversial film on the plea that the film is a fiction, not history.

A Division Bench comprising Justice N Nagaresh and Justice Sophy Thomas said that the film only claims that it is ‘inspired by true events’.

However, the court recorded the submission of the producer that claimed that 32,000 women from Kerala who were recruited to ISIS will be removed from the teaser, trailer of the movie and their social media accounts.

The bench also watched the trailer of the film and said the trailer does not contain anything offensive against any particular community as a whole, but is about Islamic State of Iraq and Syria (ISIS).

“Going through the trailers of the movie, we find it does not contain anything offensive to any particular community as a whole. None of the petitioners have watched the movie,” the court noted in its order.

The bench also noted that the Central Board of Film Certification (CBFC) has certified the film for public viewing.

“What is there in the film that is against Islam? There is no allegation against a religion, but only against the organization ISIS,” Justice Nagaresh orally remarked during the hearing.

Senior Advocate Dushyant Dave appearing for one of the petitioners stated that the impact of the film is more than books and it impacts minds and creates serious public order and law and order problems. He submitted that the trailer itself shows how dangerous it is for Kerala society and that the entire community has been demonised.

“This is not history. It is a fiction,” the court said. Citing the Malayalam movie ‘Nirmalyam’, Justice Nagaresh said, “There was a movie where an oracle spit on an idol. There was no problem. Can you imagine an oracle spitting on the idol? It was an award-winning movie.”

“I have not seen that movie,” Dave said, adding, “Lordships may take an overall view. These kinds of subtle messages are not good for society. Your Lordships are right, this is not fact, it is fiction, but it is intended to create divisions”, Dave submitted.

“There are umpteen number of movies where Hindu Sanyasis are depicted as smugglers or rapists. Nobody protests. You must have seen many such Hindi films. In Malayalam also there are such movies”, Justice Nagaresh said.

Advocate Mohammed Shah appearing for another petitioner submitted that his client has filed a complaint under Section 32(1) of the Cinematograph (Certification) Rules, 1983. He submitted that spiritual leaders can be criticized but Gods of other religions cannot be attacked.

“Once you say that my God is the only God, then all other Gods are necessarily fake Gods, ” Justice Nagaresh said.

When Mohammed Shah submitted that as an effect of this movie, parents will now be scared of sending their children to hostels with Muslim girls, Justice Nagaresh said, “There is a Malayalam movie which depicts the sad story of nuns in a convent, so nobody will send their children to convents?” He added that  if people start behaving based on movies, nobody will go to convents or ashrams because of how they are depicted in movies.

Appearting for another petitioner, Advocate Kaleeswaram Raj  submitted that the novel question of whether there can be hate speech in the form of a work of art arises in this case. He cited judgments of the Apex Court on hate speech and hate crimes.

The Court then asked Senior Advocate Ravi Kadam, appearing for the producer and director, whether he is claiming the movie to be a true story. He submitted that it has been said in the disclaimer which has been certified by the Censor Board that it is inspired by a true story.

A Division Bench of the Madras High Court on Thursday dismissed a plea against the release of the movie. “Without watching the movie, you can’t proceed on the basis of assumptions and presumptions”, the Bench remarked during the hearing

On Thursday, the Apex Court had asked the parties who approached the Court against the movie to approach the Kerala High Court first, since it is already seized of a plea against the release of the movie.

Earlier on 28 April,the Supreme Court had declined  to entertain a petition to  stay the release of the film. The petition was filed in the form of an interlocutory application  in the matter of a pending writ petition seeking action against hate speech crimes.The bench comprising Justices KM Joseph and BV Nagarathna asked the petitioners to challenge the certification of the film through an appropriate forum rather than seek a stay on the release of the movie.

The Kerala High Court on 2 May refused to pass any interim order and sought instructions from the Central Board of film certification (CBFC) and has listed the matter on Friday.