Kochi: The Union Government on Thursday filed an appeal before the Kerala High Court challenging the single bench verdict that quashed the ‘A’ certificate and the mandated cuts imposed on the Malayalam film Haal.
The appeal was filed jointly by the Union Government along with the Regional Officer, Chairman and Revising Committee of the Central Board of Film Certification (CBFC). This marks the second challenge to the judgment, after the Kerala Catholic Congress earlier moved the court seeking intervention.
In its plea, the Centre argued that the single bench should not have entertained the filmmaker’s petition under Article 226 of the Constitution when a statutory appellate mechanism exists under the Cinematograph Act. The government maintained that the CBFC’s A certification was justified considering the “overall impact” of the film and its portrayal of interfaith relationships, adding that the theme and treatment required mature audiences.
A Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice P.V. Balakrishnan took up both appeals together on Thursday. The Centre raised a preliminary objection on maintainability, stating that the writ petition itself should not have been admitted. The Bench noted that the absence of specific High Court Rules for appeals arising from CBFC orders had created a procedural gap.
“There must be some provision in the Rules of the High Court... Since there is no provision and Rules have not been framed, the only remedy available is under Article 226,” the Bench observed orally. The judges indicated that directions may be issued to the Registrar General to frame rules and set a nomenclature for handling such certification-related appeals in the future.
A detailed hearing was deferred after the counsel for the filmmakers sought an adjournment. The matter will be taken up again on December 8.
Earlier, while hearing the Catholic Congress appeal, the Bench had said it would watch the film before issuing any orders and noted that costs could be imposed if allegations of objectionable content were found baseless. On Thursday, Justice Dharmadhikari remarked in open court, “We saw the movie yesterday. I enjoyed it. I understood at least 50 per cent, because of the subtitles.”
With IANS inputs