Kochi: The Kerala High Court has reasoned its refusal to pronounce a stay on the controversial film ‘The Kerala Story’ with the argument that it is not against Islam or Muslims as a whole but was about ISIS, adding that umpteen movies of similar nature were also certified for the release in previous occasions.
A division bench comprising Justices N Nagaresh and Sophy Thomas said that they watched the teaser and trailer of the movie and found that it does not contain anything incriminating towards Islam, besides stating that the Censor Board has also certified the movie suitable for public exhibition.
The Court noted that the movie does not contain anything offensive to any particular community as a whole and that none of the petitioners have watched the movie. The bench also remarked that there are umpteen movies in which Hindu sanyasis are depicted as smugglers or rapists but it has not led to any adverse consequences.
Senior Advocate Dushyant Dave, appearing for the petitioners, argued that merely because one wrong has been allowed, another should not be. However, the Court replied that just because a religious head is shown in a bad light, it is not a reason to ban the movie as this has been happening in Hindi and Malayalam movies for a long time.
Advocate Kaleeswaram Raj pointed out that the Central Board of Film Certification (CBFC) counter affidavit itself said that the trailer and teaser of the movie were not subject to certification by it. He, therefore, insisted that the Court should watch the whole movie and then take a call. Senior Advocate Ravi Kadam, appearing for the producer of the movie, said that a disclaimer has been put in and that the CBFC has examined the movie and found it suitable for public exhibition.
The movie had faced several petitions challenging its release, claiming that it is not based on facts and will lead to hatred against the Muslim community. The Madras High Court also rejected a public interest litigation (PIL) petition seeking a ban on the movie, stating that the Kerala High Court is already hearing a similar challenge and that the petitioner has approached the Court at "the last hour". The Supreme Court also refused to interfere with the release of the film or to pass any orders for urgent listing of the case before the Kerala High Court.
The ruling CPI(M) and the opposition Congress party in Kerala have alleged that the movie is a propaganda movie promoting a fake narrative and an agenda of right-wing organisations. The movie has invited criticism from several quarters even before its release, scheduled for Friday.
'The Kerala Story' is a fictionalised and dramatised movie inspired by true stories. The movie's trailer does not require CBFC certification, while the teaser is only for social media and is not part of the film. The producers have put a disclaimer that the film is fictionalised and dramatised.
The Court's decision not to stay the release of the movie has been welcomed by the film fraternity. Filmmakers have been urging the judiciary not to interfere with creative freedom and expression. They argue that the CBFC, which is an independent statutory body, has already certified the movie and that it is not for the courts to decide what should or should not be shown on screen.
The decision is expected to set a precedent and have a far-reaching impact on the Indian film industry. It is also expected to renew the debate on creative freedom and expression, which has been a contentious issue in India for many years.