The Kerala Story movie: Supreme Court stays West Bengal ban but directs to carry disclaimer that it is fictionalised version

The Supreme Court on Thursday stayed the decision of the West Bengal government to ban screening of the film The Kerala Story in the State. [Qurban Ali vs Central Board of Film Certification and Anr.].A bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and JB Pardiwala stayed the ban order of West Bengal and also directed the State of Tamil Nadu to provide security to theatres."West Bengal by an order dated May 8 issued an order under Section 6(1) read with section 4 of West Bengal Cinemas Regulation Act prohibiting exhibition of the film in entire West Bengal. Prima facie we are of the view that the prohibition by West Bengal is not tenable on the basis of material before. Thus the order banning the film is stayed," the Court ordered.Regarding Tamil Nadu, the Court noted the State's submission that the screening of the film has not been directly or indirectly prohibited in the State."While recording this we direct that adequate security shall be provided to every cinema hall and requisite arrangement shall be made to ensure safety of movie goers. No express steps whether tacit etc shall be taken to prevent screening of the film," the Court underlined.Importantly, the Court directed the film makers to ensure that by 5pm on May 20, the movie carries a disclaimer clearly stating that the film is a fictionalised version of events and there is no authentic data to back up the figure of conversion (of women to Islam) is 32,000.Regarding the challenge to the Central Board of Film Certification (CBFC) certification, the Court said it would be listed after summer vacations as the Court would first have to see the movie for that."The challenge to the final judgment of the Madras High Court challenging the CBFC certification we will list after vacations. We will have to see the film for that. We will do that," the bench said..The Kerala Story is a Hindi film about a group of women from Kerala who join ISIS.Even before its release on May 5, the film invited criticism from several quarters. In Kerala, the ruling CPI(M) and the opposition Congress party alleged that it is a propaganda movie promoting a fake narrative and an agenda of right wing organisations.The top court bench was hearing two petitions - one is a challenge to the May 5 Kerala High Court order that had refused to stay the release of the movie, or take down the trailer and other clips.The other being the plea filed by the makers of the movie, challenging the decision of the West Bengal government to ban the film..Senior Advocate Harish Salve for the filmmakers, from the counter filed by the State of West Bengal, pointed out that the ban was based on the opinion of only thirteen Intelligence Bureau (IB) officers that the movie would cause a law and order situation in the State. .He argued that art has to be provocative and that maintaining law and order is the State's responsibility, and the fear that law and order would be disturbed is no reason to ban the film.Countering the State of Tamil Nadu's claim that theatre owners stopped showing the movie due to a lack of reception, he attempted to nail the lie right away, stating that the movie had gained publicity due to the word of mouth..Hence, he sought a stay on the ban in West Bengal. In Tamil Nadu, he requested that security be provided in theatres and that no instructions be issued, formally or informally, to not screen the movie..Senior Advocate Abhishek Manu Singhvi, appearing for the West Bengal government, sought a direction to the filmmakers to run the film with a disclaimer that it is a work of fiction. He said that the objection was not to streaming on OTT platforms but to public exhibition and viewing of the film..Senior Advocate Gopal Sankaranarayanan, for the West Bengal Police, said that if the filmmakers state that the film is fictional and based on witness statements from only three individuals, rather than 32,000, then the State would have no objections. To this, Salve replied stating that the filmmakers would clarify in the disclaimer that there was no authentic data to back up that the figure of conversion stands at 32,000, and also that the film is a fictionalised version of events..For the petitioners, Senior Advocate Huzefa Ahmadi contended that the damages done by the film while the Court takes time to watch the movie can not be remedied. Stating that the prejudice caused by the film needed to be examined, he requested the Court to screen the movie over the weekend and have just one hearing to determine what could be done."The prejudice created by these propaganda films. It leads to ghettoisation. There is discrimination in terms of employment. Ramifications are larger. People don't get rental houses. When 19(2) restrictions are seen promise of fraternity also has to be seen. Please see the movie over the weekend and just have one hearing to see if anything else can be done," he said..Solicitor General of India Tushar Mehta informed the Court that no violence was reported due to the running of the movie across the country. Hence, he asked the Court not to entertain the plea as it would be unprecedented."One month will not change anything. The societal realities are always projected in films," he added..On May 2, the Kerala High Court had said that petitions against such movies will give it unnecessary publicity. The Madras High Court had on May 4 rejected a public interest litigation (PIL) seeking a ban on the movie.The Supreme Court had earlier refused to interfere with the release of film or to pass any orders for urgent listing of the case before the Kerala High Court..[Read order]