Breaking| Can't Proceed On Basis Of Assumptions: Madras HC Dismisses Plea Against 'The Kerala Story'

The Madras High Court has dismissed a plea filed against the release of the movie "The Kerala Story". The Court told the petitioner that it is open for the petitioner to file a private complaint after the release of the movie.

A Division Bench comprising Justice A.D. Jagadish Chandira and Justice C. Saravanan observed that the petitioner cannot proceed without watching the movie, based on presumptions and assumptions.

"Without watching the movie, you can’t proceed on the basis of assumptions and presumptions", the Bench remarked during the hearing.

The petitioner had primarily argued against the alleged claim in the movie that 32000 women from Kerala have joined the ISIS and travelled abroad. The lawyer for the petitioner told the Court that the calculation has been made based on a remark of an earlier Chief Minister of Kerala.

Senior Advocate Satish Parasaran appearing for the movie makers told the Court that once the CBFC certificate has been granted, the petitioner cannot seek a ban on the movie without challenging the certificate.

The Court probed whether there is any statutory remedy against certification. The Senior Counsel for the movie makers submitted that the complaint of the petitioners preceded certification and that therefore that has been taken into account while granting a certificate to the movie.

The Court noted that the Kerala High Court is already seized of the mater and that the Supreme Court has also refused to pass any order in the matter.

"Why are you coming at the last movement? Why couldn’t you file this writ petition earlier? At least we could have asked someone to view the movie", the Bench told the petitioner. The Court told the petitioner that it is open for the petitioner to file a private complaint after the release of the movie.

"We should be very careful in staying exhibition of films", said a Bench of Chief Justice DY Chandrachud earlier in the day while declining to entertain a petition, on mentioning, against the release of the movie.

Yesterday, the Apex Court had asked the parties who approached the Court against the movie to approach the Kerala High Court first, since it is already seized of a plea against the release of the movie.

The Kerala High Court on Tuesday refused to pass any interim order and sought instructions from the Central Board of film certification and has listed the matter on Friday, on which date the movie is scheduled to be released.