Kochi, February 27 The Kerala High Court on Friday allowed the release of the film 'The Kerala Story 2-Goes Beyond' by staying the single judge's order which had put the film's screening on hold for 15 days.
A bench of justices Sushrut Arvind Dharmadhikari and P V Balakrishnan passed the interim order on the appeal moved by the film's producer Vipul Amrutlal Shah late Thursday night, hours after the film's release was put on hold.
In its order, the bench said that the single judge's finding that the Central Board of Film Certification (CBFC) had not taken into account the guidelines for certification was "based solely on a few clips and without viewing the film," and therefore, it "cannot be accepted."
"Furthermore, the fact that the appellant (Shah) had made insertions, excisions, and modifications to the film as per the CBFC's directions would further reinforce the fact that the Board had applied its mind while granting the certificate," the bench said.
It further said that once a certificate has been issued, there is, prima facie, an assumption that the relevant authority has taken into account all the guidelines, including public order.
"...if, due to the release of the film, any issue of public order arises, it is the responsibility of the state to maintain it," the bench said.
The court also said that this presumption includes that the film has been judged in its entirety from the point of view of its overall impact, taking into consideration the principles enunciated in the Cinematograph Act, 1952 and the relevant guidelines.
"In such circumstances, based solely on a few clips and without viewing the film, the single judge's finding that the CBFC had not taken into account the certification guidelines while granting certification, cannot be accepted."
"In light of the above discussions, we are of the view that the order dated February 26, 2026, which put the film's release on hold, should be stayed, and we do so. Accordingly, ordered," the bench said.
Shah, in his appeal, had claimed that the film does not harm or denigrate the state of Kerala or any religious community.
"The film only portrays a social evil," his lawyers told the court.
He had also argued that if the film's release was put on hold, it would "financially ruin" the producers, as the film is set to be screened in 1,500 theaters in India and over 300 abroad on February 27.
The single judge had put the film's release on hold, arguing that there was a manifest non-application of mind to the requirements of law by the censor board, CBFC.
The judge had also said that "the possibility of communal disharmony or denigration of a community also being prima facie involved in the film" would make its release without scrutiny by higher authorities legally improper.
The court had further said that the content of the film's teaser has "a prima facie potential to distort public perception and disturb communal harmony."