Kerala High Court refuses to stay screening of ‘The Kerala Story’
The Supreme Court had on Thursday refused to entertain a prayer to direct the Kerala High Court to hear a petition challenging the clearance granted by the CBFC to the film.
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The movie has been the subject of fierce online debate and criticism with strong objections raised by many political leaders who have termed it to be a propaganda film. (File) The Kerala High Court, in an interim order on Friday, has rejected the demand to stay the screening of the film ‘The Kerala Story’ and refused to declare the ‘A’ certification issued by the Central Board of Film Certification (CBFC) illegal.
A division bench of N Nagaresh and Sophy Thomas was hearing a slew of writ petitions seeking an order to prohibit the exhibition of the movie, which was released in Kerala on Friday amidst protests from various organisations. The Supreme Court had on Thursday refused to entertain a prayer to direct the Kerala High Court to hear a petition challenging the clearance granted by the CBFC to the film.
After watching the trailer and teaser of the movie, the high court observed that “going through the trailers of the movie, we find that trailers do not contain anything offensive to any particular community as a whole. The fact remains that the petitioners have not watched the movie. We find that a competent statutory body, Central Board of Film Certification, has examined the movie and found that the film is suitable for public exhibition.’’
The film producer house Sunshine Pictures Private Limited told the court that the company would withdraw the said teaser forthwith from their social media handles. Deputy Solicitor General of India S Manu informed the court that the producers have published a disclaimer along with the movie, which specifically states that the film has been fictionalised and is a dramatised version of events. The film does not claim accuracy or factuality of historic events, he said.
“In view of the disclaimer and taking into consideration that the producer would remove the teaser from social media, we are not inclined to pass an interim order restraining the producer from exhibiting the film,’’ the court said.
However, the court said one of the petitioners, who had filed a complaint before the Censor Board invoking the rule 32 of the Cinematograph Certification Rules, would be at liberty to prosecute the complaint.
The petitioners had demanded a stay on the film’s release, stating that the movie claimed that around 32,000 women were converted and deployed in a terror mission and that the said movie portrays events that do not exist in reality. Further, the statements in the teaser are derogatory, and for Kerala, which is known for its communal harmony and secular outlook, the release of the movie will disrupt and destroy the secular fabric of the state.
Meanwhile, a few theaters in Kerala regrained from exhibiting The Kerala Story due to the protest from various organisations. BJP state president K Surendran said the theater owners should withdraw the “undeclared ban” on the movie. CPI(M), Congress, and religious fundamentalists are threatening those who turn up to watch the movie. This shows the double standard of these parties towards the freedom of expression,” said Surendran.
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