SC To Hear Plea Against Kerala High Court's Order Refusing To Stay Release Of The Kerala Story On May 15

Agatha Shukla

9 May 2023 6:31 AM GMT

The Supreme Court is set to hear a Special Leave Petition (SLP) challenging the interim order of the Kerala High Court, which had denied to grant an interim relief restricting the release of the film 'The Kerala Story', on May 15, 2023.

Amidst the controversy, the movie has been banned in the State of West Bengal, while the State of Uttar Pradesh and Madhya Pradesh have made it tax free.

A bench of CJI D.Y. Chandrachud and Justice P.S. Narasimha while hearing the matter today stated that the Court shall list the matter on Monday.

Senior Advocate Kapil Sibal appeared for the petitioners and said, "There is some matter of urgency in the release of the movie 'The Kerala Story', we have come against the Kerala High Court's order in an SLP".

The Kerala High Court had earlier declined to pass any interim order on the pleas against the release of the movie "The Kerala Story". The Court recorded the statement of the producers of the movie that the statement of about 32000 women from Kerala converting or joining ISIS will be removed from the teaser and trailer of the movie and also from the social media handles of the movie makers.

The Bench of Justice N. Nagaresh and Justice Sophy Thomas after watching the teaser and the trailer in open court noted -

"The trailer does not contain anything offensive against any particular community as a whole".

"...None of the petitioners have watched the movie. A competent statutory has examined the movie and found that the film is suitable for public exhibition. As provided in the guidelines, the Censor Board has examined the movie as per guidelines before certifying the film. From the statement of the DSG, we find that the producers have published a disclaimer that the film has been fictionalised or is a dramatized version. We are not inclined to pass an interim order restraining the release of the movie. Since the makers have agreed to remove some portions, no further orders are required", the Court further said in its order. The Court also directed that the complaints of some of the petitioners before the Central Board can be prosecuted by the said petitioners.

Senior Advocate Dushyant Dave appearing for the petitioner had started by reading from the pleading about what is depicted in the movie. He had submitted that the Court should permit the display of the trailer in the Court.

He also contended that the impact of the film is more than books and it impacts minds and creates serious public order and law and order problems. He submitted that the trailer itself shows how dangerous it is for Kerala society and that the entire community has been demonized.

However Justice Nagaresh had then asked, "What is there in the movie that demonises the entire community?".

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Agatha Shukla