The Kerala High Court on Tuesday expressed strong reservations about a plea to restrain the release and promotion of a Malayalam film named 'Kaalam Paranja Katha', allegedly inspired by the Venjaramoodu mass murder incident [Abdal Rahim H v Union of India and ors].
The plea has been filed by the father of Afan, the sole accused in the murder case, on concerns that the film may affect Afan's right to a fair trial.
Justice Bechu Kurian Thomas, however, orally remarked that this appeared unlikely.
"Movie is an artwork. It's the creativity of (its makers). How does it interfere with the trials? It's a judicially trained person who's going to hear the matter ....How does the right to fair trial be affected by a movie?... Do you mean to say that they (witnesses) will be carried away, not by what they actually saw or what they actually narrate, but by the movie? Is that how we have to identify things?" he asked.
The Court also questioned whether social media posts were enough to link the film with the murder case, after the petitioner's counsel cited a Facebook post to back up his claim that Kaalam Paranja Katha was based on the mass murder case.
"How can we go by this? Some random person gives random information. Obviously, this film would have been given certification by the censor board. Why do you assume that it is the same movie? .. Court cannot rely upon social media platforms to come to a conclusion," he said.
The Court further pointed out that the petition was filed days before the film's release.
"One, there is nothing to show that this is identical with that of the so-called murder case. Second, you're coming in the 11th hour. That itself is a reason to decline. Third, obviously the movie would have got censor support certification. Fourth, how would it affect the trial? Media has not been restrained from narrating every case. Narrations are given repeatedly for every case by the media," Justice Thomas said.
The Bench, however, eventually agreed to hear the matter further. It has sought the response of the movie's director and producer, as well as the response of the Central Board for Film Certification (CBFC).
Whereas the petitioner's counsel urged the Court to watch the film as well, Justice Kurian clarified that the petition has not yet been formally admitted.
The matter will be heard next on February 5.
The Venjaramoodu mass murder case concerns an incident from February 2025. The sole accused, Afan is alleged to have killed five family members -his paternal grandmother, younger brother, uncle, aunt and girlfriend - apart from attempting to kill his mother. The criminal trial in this case is pending.
Kaalam Paranja Katha, a Malayalam film that is stated to have been inspired by the mass murder case, is scheduled for a February 6 release.
Afan's father has argued that the movie's release could lead to a media trial against his son and harm his right to a fair trial, apart from affecting his family's reputation. He has, thus, urged the Court to restrain the movie's release, as well as any promotional material about it.
The petitioner was represented by advocates Sajju V and Ajmal A.
The movie's director was represented by advocate Abraham Samson.
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