Kochi, February 26 The Kerala High Court on Thursday granted an interim stay on the release of the film "The Kerala Story 2-Goes Beyond," stating that the censor board prima facie failed to consider relevant factors while certifying the film.
Justice Bechu Kurian Thomas issued the order in response to two pleas challenging the film's release.
The film was scheduled to be released on February 27.
The court also stated that the guidelines for ensuring that a film does not disrupt social harmony appear not to have been followed by the Central Board of Film Certification (CBFC).
"Prima facie, it does not appear that the CBFC considered these guidelines while granting certification, and there is a clear disregard of the applicable law, necessitating this court to intervene," it said.
The court also stated that content that has the potential to create discord, disturb law and order, or even undermine social harmony cannot fall under the scope 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 filed by one of the petitioners, Sreedev Namboodiri, against the certification given to the film.
The court said that the Centre must provide an opportunity for the petitioner, the CBFC, and the producer, Vipul Amrutlal Shah, to be heard 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 film is not released for public viewing for a period of 13 days from today," the court said.
Three separate pleas have sought to overturn the CBFC certificate granted to the film.
Of the three, the court dismissed one for lack of standing and allowed the remaining two, including the one filed by Namboodiri.
Besides overturning the film's certification, Namboodiri's plea, filed through advocate Maitreyi Sachidananda Hegde, also sought modifications, including a reconsideration of the film's title.
The petitioner alleged that the film was certified without complying with the statutory requirements under the Cinematograph Act, 1952.
