Kerala HC Paves Way For Release Of 'The Kerala Story 2' Film
"No need to halt screening of a film cleared by CBFC"
THIRUVANANTHAPURAM: A division bench of the Kerala High Court on Friday allowed the release of Kerala Story 2 - Goes Beyond, staying a single judge order that had halted its release .
The division bench stated that there is no need to withhold the release of a film that has already been certified by the Censor Board. The film was scheduled for release on Friday.
The division bench comprising Justice Shushrut Arvind Dharmadhikari and Justice P V Balakrishnan posted the case for hearing after two weeks.
The court permitted the screening if the Central Board of Film Certification (CBFC) issues a certificate stating that the alleged controversial portions in the film's teaser and trailer do not find mention in the film.
The court order was passed on writ appeals filed by producer Vipul Amritlal Shah against the single judge's common oder staying the film release for 15 days.
The counsel for the film makers had argued that the single judge order staying the release of Kerala Story 2 would lead to commercial disruption and would go against free speech.
The film was scheduled to be released in 1500 theatres across the country and 335 theatres world wide. Crores of rupees were invested for the purpose. The film has also shown protagonists from Madhaya Pradesh and Rajasthan, the counsel argued.
If the film is not released on Friday the producer will be finished financially, he added.
The counsel further argued that a social evil of radicalisation is being portrayed in the film and it does not denigrate the state of Kerala.
Earlier while ordering the interim stay on the release of the film , Justice Bechu Kurian Thomas had directed the Central Board of Film Certification (CBFC) to re-examine the certification to the film.
The orders were passed on the interim applications filed by the petitioners who challenged the clearance.
The court also stated that the CBFC had also shown a prima facie "manifest absence of application of mind" while granting certification to the film.
The judge observed that the dissemination of the content with a tendency to create discord , disturb law and order, or undermine social harmony cannot fall within the ambit of freedom of speech and expression under Article 19 (1)(a) of the Constitution.
The Kerala Story 2 is a sequel to the earlier film Kerala Story which centred on the alleged recruitment of women from Kerala by the Islamic State of Iraq and Syria (ISIS).