Supreme Court refuses to hear plea against ‘The Kerala Story’, asks petitioners to approach HC

Article 226 deals with the power of high courts to issue writs.

The bench, also comprising Justice P S Narasimha, gave the parties liberty to approach the Kerala High Court and asked the HC to consider their request for early listing given that the film is set for release on May 5.

“The relief sought can well be pursued before the HC under Article 226. Hence, we are not inclined to entertain the petition but leave it open to the petitioner to move the appropriate HC. In the event the HC is moved, since it is stated that the film is slated for release on May 5, the HC may consider a request for early listing,” the bench said in its order.

As many as three petitions came up before the SC in the matter Wednesday.

Appearing for the petitioners in one of them, Advocate Vrinda Grover said the film not only vilifies an entire community, but there is a total disregard for facts and truth. It is, however, marketed and projected as true facts, Grover pointed out. “Film is to be released on Friday. I will ask for a very reasonable and proportionate remedy. I will not go beyond that,” she said.

The bench asked if she was asking for a stay on the film’s release or for removing some parts of it. Grover said she was not asking for that but for a disclaimer saying it is a work of fiction. “It says the film is inspired by many true stories. It says this is the truth. There is not even a disclaimer to say this is a work of fiction. You then vilify an entire religious community,” she submitted.

Senior Advocate Harish Salve, who appeared for the filmmakers, pointed out that the matter is pending before the Kerala HC.

CJI Chandrachud then told Grover, “Therefore, surely our HCs have absolute control over these matters. Go before the Kerala HC… We will not take it on board right now. We will give you the liberty to move the Kerala HC. Article 32 cannot be used in every case. Surely, you have a remedy under Article 226. The HC is seized of the matter”.

Article 32 deals with the power of the SC to issue writs.

Grover said, “There is a pan-India release taking place. We are asking for a very proportionate remedy”.

“Can that not be granted by the Kerala HC?” asked the CJI adding, “Either we keep it on May 12 or we take it on board and give liberty to move HC. You can move this afternoon”.

The court then went on to dictate the order.

Salve said he is not agreeable to the request to add a new disclaimer. “Please add a line. We do not accept this,” he told the bench.

Accepting the request, the bench said in the order that the filmmaker “is not agreeable to the petitioner in regard to the introduction of a new disclaimer.

The court also gave liberty to the Jamiat Ulama-I-Hind which approached it seeking a stay on the release of the film to approach the HC.