Film should be judged from view of ordinary person, not hypersensitive one: Kerala HC directs CBFC to certify Haal
The CBFC had earlier asked the makers of the Malayalam film starring Shane Nigam to make several modifications and deletions, including a scene with beef biryani
3 min readThiruvananthapuramUpdated: Nov 15, 2025 10:41 AM IST
Referring to the decision of filmmakers to make these modifications, the court said it was not venturing to decide on the correctness of the last two excisions in the CBFC order since the petitioners have decided to delete those scenes on their own.
The Kerala High Court on Friday directed the Central Board of Film Certification (CBFC) to issue fresh certification to the Malayalam film, Haal, within two weeks after the filmmakers resubmit it. The board had earlier asked the filmmakers to make several modifications and deletions.
Justice V G Arun, who watched the movie, said in his verdict, “The standard to be applied by the board or the courts for judging the film should be that of an ordinary man of commonsense and prudence and not that of an out of the ordinary or hypersensitive man. In the case at hand, it is clear that, instead of judging the film as would be done by an ordinary, prudent person, the board’s focus was on whether the film will ruffle a few oversensitive feathers.”
Last month, the CBFC had demanded that the makers of the Shane Nigam-starrer to carry out six modifications or deletions of several dialogues and scenes, including one pertaining to beef biryani. The filmmakers subsequently moved the High Court against the board’s stance.
While the matter was pending before the court, the filmmakers informed the court that they had decided to make two excisions on their own. These excisions pertain to scenes involving court proceedings and eating beef biryani. Besides, a line of dialogue that included the words “dhwaj pranamam”, a salutation associated with the RSS; “Ganapati Vattam”, which is what the BJP suggested Wayanad district’s Sulthan Bathery be renamed as; and “abhyantara shatrukkal”, which means internal enemies, were also deleted by the filmmakers.
Referring to the decision of filmmakers to make these modifications, the court said it was not venturing to decide on the correctness of the last two excisions in the CBFC order since the petitioners have decided to delete those scenes on their own.
The judge said that upon viewing the film from the perspective of an ordinary person, the court found the theme of the film to be in tune with the foundational principles enunciated in our Constitution. “It is beyond comprehension as to how the above theme can be termed as misrepresentation of inter-faith relationships, or portrayal of legitimate warnings from Hindu and Christian leaders, as unfounded and intolerant,” the court observed.
Referring to an excision directed by the board of a scene in which a Christian girl used Muslim religious attire, the court said, “A Christian girl wearing Muslim attire or an interrogation scene at the police station with schoolboys present cannot be termed as indecent or immoral, or capable of inciting violence. The depiction of a character as a Bishop of the Christian community and the dialogues of that person fall well within the artistic freedom guaranteed under Article 19(1)(a).”
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On the board’s contention that it is involved in the act of balancing the freedom of the movie maker with reasonable restrictions under Article 19(2), the court said, “Such a balancing act cannot be carried out by overlooking the foundational principles of secularism and fraternity, which are the bedrock of our great democracy.”
Shaju Philip is a Senior Assistant Editor at The Indian Express, where he leads the publication's coverage from Kerala. With over 25 years of experience in mainstream journalism, he is one of the most authoritative voices on the socio-political, religious, and developmental landscape of South India.
Expertise, Experience, and Authority
Decades of Regional Specialization: Shaju has spent more than two decades documenting the "Kerala Model" of development, its complex communal dynamics, and its high-stakes political environment.
Key Coverage Beats: His extensive reporting portfolio includes:
Political & Governance Analysis: In-depth tracking of the LDF and UDF coalitions, the growth of the BJP in the state, and the intricate workings of the Kerala administration.
Crime & Investigative Journalism: Noted for his coverage of high-profile cases such as the gold smuggling probe, political killings, and the state’s counter-terrorism efforts regarding radicalization modules.
Crisis Management: He has led ground-level reporting during major regional crises, including the devastating 2018 floods, the Nipah virus outbreaks, and the Covid-19 pandemic response. ... Read More
