Kochi, February 26 Hours after a single judge put on hold the release of the film 'The Kerala Story 2-Goes Beyond' for 15 days, a division bench of the Kerala High Court on Thursday considered an appeal against the interim order and reserved its verdict in the matter.
The bench of Justices Sushrut Arvind Dharmadhikari and P V Balakrishnan reserved its decision following a late evening hearing of nearly two hours during which it observed that the pleas opposing the film's certification were in the nature of a public interest litigation (PIL) and questioned how the single judge could hear it.
The bench, however, did not pass any interim order in the court, at the conclusion of the hearing, as sought by the producer.
The bench heard extensive arguments on behalf of the film's producer, Vipul Amrutlal Shah, who moved the appeal against the single judge's interim order.
Appearing for the producer, senior advocate Neeraj Kishan Kaul told the court that the film does not harm or denigrate the state of Kerala or any religious community.
The senior advocate argued that even the Central Board of Film Certification (CBFC) found that there was nothing in the film which denigrates the state.
"The film only portrays a social evil," he contended.
The senior advocate further argued that once the single judge told the Centre to pass orders on the revision moved by one of the petitioners, he could not have kept the matter open and passed an interim order.
This is contrary to the Supreme Court's rulings and the same was brought to the attention of the single judge, Kaul contended.
The senior advocate further contended that if the film's release is put on hold, it would "financially finish" the producers as the movie is set to be screened in 1,500 theatres in India and over 300 abroad on February 27.
He further argued that the pleas against the movie were in the nature of PILs and ought not to have been entertained, the single judge cannot substitute his view for that of the CBFC which is an expert body and choice of storyline is the creative right of the producer under the freedom of expression.
Kaul urged the court to issue an interim stay till the judgement is passed in the appeal, but the bench said it will consider.
The petitioners who were before the single judge told the bench that their reputation will be harmed if the state of Kerala is shown in a bad light.
They claimed that the trailer and teaser of the film depicted the state in a bad light.
They also said that as stay on release was only an interim order no irreparable loss would be caused to the producer who can screen the movie later. "But if the film is released, then we will have no remedy," the petitioners' lawyers told the bench.
The single judge stayed release of the film for 15 days saying that prima facie there was a manifest non-application of mind to the requirement of law by the censor board, CBFC.
The judge also said that "the possibility of communal disharmony or denigration of a community also being prima facie involved in the movie", its release without scrutiny by the higher authorities would be legally improper.
Justice Bechu Kurian Thomas further said that the content of the film's teaser has "a prima facie potential to distort public perception and disturb communal harmony".