After the Supreme Court refused to entertain a plea challenging the release of ‘The Kerala Story, a petition was filed in Kerala High Court on Tuesday seeking a stay of the film’s release.
A bench of Justices N Nagaresh and Mohammed Nias CP sought the Central government’s and the film’s producers’ responses on a petition filed by advocate Anoop VR by May 5.
“Doesn’t this kind of petition give these movies unnecessary publicity?” Justice Nagaresh inquired.
He also questioned how the Court can interfere with and prohibit works of art.
The petitioner’s lawyer, Advocate Kaleeswaram Raj, claimed that the movie’s teaser contained hate speech and was an insult to the state of Kerala.
“Isn’t this just a work of art? How can it be associated with hate speech?” the bench inquired.
“Right now, only the trailer is available to the public, but even that claims to be based on true stories. It is a slap in the face to the state and its people. If the court determines that this is not hate speech, then nothing else will be considered hate speech,” Raj argued.
Senior Advocate S Sreekumar, appearing on behalf of the film’s producer, stated that the teaser was initially released on social media, and that the Censor Board had also provided a certificate.
“Then the Censor Board gave a certificate. On the eve of his release, the petitioner has arrived,” he explained.
He also highlighted the Supreme Court’s decision in the ‘Padmaavat’ film case.
Raj stated that the ‘Padmaavat’ decision would not apply in this situation.
He also inquired whether the film’s trailer got Censor Board clearance.
“My argument is that the censor board only gave the certificate based on a partial evaluation of the film. The trailer and film’s content are both extremely toxic. Does the teaser trailer have a Board certificate?” he inquired.
He stated that his current challenge was to the movie’s teaser.
“A teaser is already accessible. For movies, I suggested that an expert committee be formed, but that is a topic for another day. I’m currently watching the teaser trailer. Has the teaser been certified?” Raj inquired further.
A similar case is currently pending before the Supreme Court, according to Deputy Solicitor General S Manu.
He further stated that the petitioner’s claim that the certificate was awarded based solely on a partial review is not based on any fact or material.
“It may be the opinion of a few citizens only,” he remarked.
“I am not seeking to have the film banned. The rule of law must be maintained. I’d like to know if the teaser has been certified or not. Nobody can do that if this court won’t,” Raj maintained.
The Court eventually sought the respondents’ response to the Censor Board clearance and scheduled the case for further consideration on May 5, 2023.
Earlier today, the Supreme Court refused to grant an urgent listing of a similar case, instead directing the petitioner to approach the High Court or mention it before the Chief Justice of India.
