Kerala High Court urges 'Kerala Story 2' producers not to release movie until it passes an order

The Kerala High Court on Wednesday told the producers of 'The Kerala Story 2 – Goes Beyond' to not release the film until the petitions challenging the release are finally heard and decided. [Sreedev Namboodiri v. Union of India & Ors and connected cases]

Justice Bechu Kurian Thomas made the observation while considering three petitions which sought the cancellation of the certificate granted by the Central Board of Film Certification (CBFC) on the ground that the movie misrepresents the State of Kerala and might incite communal disharmony.

As the Court's sitting hours ended for the day, Senior Advocate S Sreekumar told the Court that the movie is slated for release this Friday, February 27 and that its overseas rights have already been sold for distribution.

The judge said that he will hear all parties and the film's release may be put on hold till the hearing is complete.

"Then you can stall it right now. If you are putting the Court into a corner then I will state until we complete the hearing...I will give you enough and more time, you can argue but don't release it till the arguments are over...I will take up the matter tomorrow but I don't want them (petitioners) to come back tomorrow and say that you have already given the rights….without concluding the arguments; I can’t. Don’t make the entire issue infructuous…let them not give out the right or anything before the Court takes decision. The apprehension expressed by the petitioners is probably genuine, so once they release the rights tomorrow, then what is the point?" Justice Thomas orally remarked.

'The Kerala Story 2 – Goes Beyond' is a sequel to the controversial Hindi film, 'The Kerala Story', which portrayed the alleged recruitment of women from Kerala into the Islamic State of Iraq and Syria (ISIS).

The present petitions arose amid continuing controversy surrounding the sequel, much like the earlier film, which drew widespread criticism for its depiction of religious radicalisation of women and its alleged impact on the image of the State and its people.

All three petitions before the Court have challenged the certification granted to the film on the ground that it puts Kerala in a communal light and could disturb law and order situation.

The petitioners argued that the film title and promotional materials unfairly stigmatise the State and could provoke this harmony.

One of the petitions filed by Kannur native Sreedev Namboodiri alleged that the sequel movie's promotional content contained themes and dialogues capable of inciting violence.

Another petition was filed by Freddie V Francis seeking a ban on the film's release and challenging the use of the term Kerala in the title. The third petition, moved by Advocate Atul Roy, also challenged the certification and sought for directions to rename the film to remove 'Kerala' from the title.

The petitioners argued that the CBFC failed to properly assess the impact of the movie on public order, decency and morality as required under Section 5B of the Cinematograph Act of 1952 and added that the film undermines the dignity and reputation of the people of Kerala.

According to the petitioners, this was violative of Article 14 (right to equality) and 21 (right to life and liberty) along with article 19(1)(a)of the Indian Constitution which provides reasonable restrictions to freedom of speech.

During the hearing on Tuesday, the Court had indicated its willingness to watch the film after noting that the concerns raised by the petitioners appeared prima facie justified since the movie was being projected as being 'inspired by true events' and prominently carried the name of the state in its title, despite the sequel's storyline having no real connection to Kerala.

However, the film's producers urged the Court to first decide whether the petitions before the Court are maintainable.

Today, Sreekumar argued that the relief sought by the petitioners can’t be given based on a 2-minute teaser. He contended that the film has cleared all legal hurdles and that since the CBFC approved its release, the High Court can't substitute its opinion.

He also pointed out that the petitions were filed 16 days after the teaser was out and that the petitioners can’t claim to speak for the ‘collective dignity of people of Kerala.’

Advocates Maitreyi Sachchidananda Hegde, Rizla KM, Deepika K Sasi appeared for Namboodiri.

Advocates Sreerag Shylan, Ferha Azeez and Devananda S represented Francis.

The producer of the movie, Sunshine Pictures, was represented by Senior Advocate S Sreekumar and Advocates Ameet Naik, Madhu Gadodia, Nithyesh, Annirudh and Jasmeet.

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