A division bench of the Kerala High Court stayed the order by a single judge bench, which imposed a 15-day interim delay on the release of ‘The Kerala Story 2’.
In a big relief for the producers of ‘The Kerala Story 2’, a division bench of the Kerala High Court stayed a single bench order for an interim stay on the release of the movie for 15 days. The decision has cleared the way for the movie’s release, scheduled for today.
A single bench led by Justice Bechu Kurien Thomas passed the interim order while hearing a batch of petitions challenging the clearance granted by the Central Board of Film Certification (CBFC). The bench observed that the petitioner’s apprehension regarding the film is “probably genuine” and asked the makers to wait for the court’s final decision.
A bench of justices Sushrut Arvind Dharmadhikari and P V Balakrishnan passed the order on the appeal moved by the film’s producer Vipul Amrutlal Shah late Thursday night, hours after the movie’s release was stayed. The bench had reserved order in the appeal on Thursday night.
Shah, in his appeal to the high court, had claimed that the film does not harm or denigrate the state of Kerala or any religious community. “The film only portrays a social evil,” his lawyers had told the court.
The producer also told the court that if the film’s release was put on hold, it would “financially finish” the producers as the movie is set to be screened in 1,500 theatres in India and over 300 abroad on February 27.
Why Was ‘Kerala Story 2’ Release Delayed?
A single-judge bench on Thursday stayed the release of the film on the grounds that there was a manifest non-application of mind to the requirement of law by the censor board, CBFC. The judge also said that “the possibility of communal disharmony or denigration of a community also being prima facie involved in the movie”, its release without scrutiny by the higher authorities would be legally improper.
The bench said the CBFC did not follow the guidelines properly while granting certification, and there seems to be a clear disregard of the applicable law, requiring this Court’s intervention. The court further noted that the teaser and trailer had the potential to disturb communal harmony and directed that the film should not be released until the legal arguments were fully addressed.
The sequel has been facing backlash over its portrayal of Indian Muslims and allegations that it makes exaggerated claims. A petition was filed by biologist Sreedev Namboodiri in the Kerala High Court, seeking a stay on the film’s release and public exhibition.
