Kerala HC Says CBFC Ignored Social Harmony Guidelines While Certifying ‘The Kerala Story 2’
The Kerala High Court has asked the Central Board of Film Certification to re-watch ‘The Kerala Story 2 Goes Beyond’ as the film's fate lies in limbo.
Just hours before its scheduled theatrical release today, ‘The Kerala Story 2 Goes Beyond’ found itself at the centre of a legal storm. The Kerala High Court first imposed an interim stay on the film’s release, and later the same day, a division bench heard an appeal against that order and reserved its verdict. As of now, the film has not hit theatres, and its fate remains uncertain. In its interim order on Thursday, the High Court came down strongly on the Central Board of Film Certification (CBFC), which had granted the film a U/A certificate.
ALSO READ | Massive Blow For 'The Kerala Story 2' Makers After Kerala High Court Order
The court observed that there appeared to be a “prima facie non-application of mind” by the censor board while certifying the movie. It further remarked that the guidelines meant to ensure that a film does not disturb social harmony did not seem to have been properly considered.
The court stated that the certification reflected a “manifest disregard of the applicable law,” compelling judicial intervention. It emphasised that any dissemination of content that has the potential to create discord, disturb law and order, or undermine social harmony cannot be protected under the ambit of freedom of speech.
ALSO READ | Why ‘The Kerala Story 2’ Is Back In The Spotlight After Kerala High Court Notice
“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.
Justice Bechu Kurian Thomas passed the interim stay while hearing two pleas challenging the release of the film. The court also directed the central government to examine and pass orders within two weeks on a revision petition filed against the film’s certification. Additionally, the CBFC has been asked to re-watch the film as part of the process.
However, developments continued through the evening. Shortly after the single-judge bench put the release on hold, a division bench of the Kerala High Court took up an appeal against the interim order. The bench, comprising Justices Sushrut Arvind Dharmadhikari and P V Balakrishnan, observed during the late-evening hearing that the pleas opposing the certification appeared to be in the nature of a public interest litigation (PIL). The judges questioned how the matter was heard by a single judge in that context.
Despite hearing arguments, the division bench did not grant any interim relief at the conclusion of the proceedings, as sought by the producer, and reserved its verdict.
Directed by Kamakhya Narayan Singh and produced by Vipul Amrutlal Shah, ‘The Kerala Story 2’ stars Ulka Gupta, Aditi Bhatia, and Aishwarya Ojha in lead roles. With the legal proceedings still unfolding, the film’s release now hinges on the High Court’s forthcoming decision.
