Kochi, February 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 there was prima facie a clear failure by the CBFC to apply its mind to the requirements of the law.
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 clear 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.