Kochi, Feb 26 In a setback for the makers of 'The Kerala Story 2–Goes Beyond', the Kerala High Court on Thursday stayed the release of the film, saying that prima facie there was a manifest non-application of mind to the requirements of law by the CBFC.
The court also noted that “the possibility of communal disharmony or denigration of a community is prima facie involved in the movie,” and that its release without scrutiny by higher authorities would be legally improper.
Justice Bechu Kurian Thomas further observed that the content of the film’s teaser has “a prima facie potential to distort public perception and disturb communal harmony.”
Therefore, the court said, it may be necessary to carry out “a comprehensive assessment of the film to identify the existence of sensitive thematic content, including its treatment of interfaith dynamics and visual presentation,” as required under the provisions of the Cinematograph Act, 1952.
It further stated that dissemination of content with the tendency to create discord, disturb law and order, or undermine social harmony cannot fall within the ambit of freedom of speech and expression enshrined in Article 19(1)(a) of the Constitution of India.
For this reason, the Centre, in its guidelines for film certification, has laid down clauses stating that “visuals or words contemptuous of racial, religious or other groups are not to be presented,” and that visuals or words promoting communal, obscurantist, or anti-national attitudes must not be shown, and public order must not be endangered, the court noted.
“Prima facie, these guidelines do not appear to have been considered by the Central Board of Film Certification while granting certification, showing a manifest disregard for applicable law and necessitating intervention by this court,” Justice Thomas said.
The court further observed that the “repeated portrayal” of the theme in the sequel, nearly identical in name and concept to its prequel, as evident from admitted scenes, “can tend to create contempt for a religious group in the state, promote communal and fanatical attitudes, and even endanger public order.”
“There is a possibility that the state of Kerala, otherwise known for its communal harmony and friendly natives, may be perceived by viewers globally as a hub of fanaticism and communal divide,” the court added.
“There is nothing to indicate that the CBFC considered any of these factors while certifying the movie for release, granting it a UA16+ rating,” the court said.
While staying the film’s release, the court directed the central government to consider and pass orders within two weeks from Thursday on a revision petition filed by petitioner Sreedev Namboodiri against the certification.
The court said the Centre must provide an opportunity of hearing to the petitioner, the CBFC, and the producer, Vipul Amrutlal Shah, before passing any order on the petition.
“In the meantime, there will be an interim stay on the release of the movie The Kerala Story 2 – Goes Beyond, and the second (CBFC) and third (Shah) respondents are directed to ensure the film is not released for public viewership for a period of fifteen days from today,” the court said.
The film was scheduled for release on February 27.
Three separate pleas had sought to quash the CBFC certificate granted to the film. Of these, the court dismissed one for lack of locus standi and allowed the remaining two, including Namboodiri’s petition.
Besides challenging the certification, Namboodiri’s plea, filed through advocate Maitreyi Sachidananda Hegde, also sought modifications, including reconsideration of the film’s title.
The petitioner alleged that the film was certified without due compliance with the statutory requirements under the Cinematograph Act, 1952.
Kochi, Feb 26 The Kerala High Court on Thursday granted an interim stay against the release of the film "The Kerala Story 2-Goes Beyond", saying that prima facie there is non-application of mind by the censor board while certifying the movie.
Justice Bechu Kurian Thomas passed the order on two pleas challenging the release of the film.
The film was scheduled to be released on February 27.
The court in its order also said that the guidelines for ensuring a film does not disrupt social harmony appear not to have been adhered to by the Central Board of Film Certification (CBFC).
"Prima facie, these guidelines do not seem to have been borne in mind by the CBFC while granting certification and there is a manifest disregard of the applicable law, necessitating this court to interfere," it said.
It also said that dissemination of content, which has a tendency to create discord, disturb law and order, even undermine social harmony cannot come within the gamut of freedom of speech and expression enshrined in Article 19(1)(a) of the Constitution of India.
The court directed the central government to consider and pass orders within two weeks from Thursday on a revision petition moved by one of the petitioners -- Sreedev Namboodiri -- against the certification given to the movie.
The court said the Centre has to give an opportunity of hearing to the petitioner, CBFC and the producer -- Vipul Amrutlal Shah -- before passing any order on the revision petition.
"In the meantime, there will be an interim stay on the release of the film "The Kerala Story 2-Goes Beyond", and the respondent 2 (CBFC) and respondent 3 (Shah) are directed to ensure that the movie is not released for public viewing for a period of 13 days from today," the court said.
Three separate pleas have sought to quash the CBFC certificate granted to the film.
Of the three, the court dismissed one for lack of locus standi and allowed the remaining two, including the one by Namboodiri.
Besides quashing the movie's certification, Namboodiri's plea filed through advocate Maitreyi Sachidananda Hegde had also sought modifications, including reconsideration of the film's title.
The petitioner had alleged that the film was certified without due compliance with the statutory requirements under the Cinematograph Act, 1952.
Kochi, Feb 26 The Kerala High Court on Thursday granted an interim stay against the release of the film "The Kerala Story 2-Goes Beyond", saying that prima facie there is non-application of mind by the censor board while certifying the movie.
Justice Bechu Kurian Thomas passed the order on two pleas challenging the release of the film.
The film was scheduled to be released on February 27.
The court in its order also said that the guidelines for ensuring a film does not disrupt social harmony appear not to have been adhered to by the Central Board of Film Certification (CBFC).
Sreedev Namboodiri v. Union of India, (Kerala) : Law Finder Doc Id # 2859639
