The Supreme Court on Thursday refused to intervene with the release of ‘The Kerala Story’ film or pass any directions for an urgent listing of the case before the Kerala High Court.
A bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and JB Pardiwala stated that passing orders would be inappropriate because the case was no longer before them.
“No, we cannot; we are not seized of the case. It was approved by the Central Board of Film Certification (CBFC). We declined yesterday after the Kerala High Court refused to grant a stay. It is inappropriate for us to hear this now, after three steps,” CJI stated.
The Court also stated that the producer’s and actors’ labour and efforts should be considered.
“That bench has used its brain. Think from view of film producer, how many challenges will be face. Consider this from the perspective of a film producer. Every time there is a challenge. Sometimes in Kerala, then in the Madras High Court,” he remarked.
The case was mentioned through Senior Advocate Huzefa Ahmadi. He claimed that the Kerala High Court would not consider the case before the film’s release that is tomorrow.
“I only ask for indulgence to get hearing today. Let me just have my day in court, or the penny will drop,” the senior attorney contended.
When the CJI highlighted that the petitioners could approach the Chief Justice of the Kerala High Court for an urgent hearing, it was pointed out that he was on leave.
The Court replied that another bench may be assigned if the Registrar General of the High Court requested it.
“It is presently 2:30 p.m. You are now free to leave. If the bench assigned by CJ is unavailable, you can certainly go now and request another bench or alternate assignment,” CJI stated.
While the Senior Counsel insisted that the Court pass an order allowing them to approach before the High Court for an urgent hearing, the Supreme Court refused.
“Liberty can be given when you would not otherwise have it. Sorry, we cannot intervene. Thank you,” the Supreme Court stated.
Earlier today, two new petitions were filed before the Kerala High Court opposing the film’s release, and counsel Rakesh K wrote to the Registrar General of the High Court requesting that the matter be listed today, as the film is scheduled to be released tomorrow.
The lawyer’s letter to the Registrar General also cited a Supreme Court order issued yesterday in a similar plea by Jamiat Ulama-i-Hind, in which it was stated that the petitioners could approach the High Court, and the High Court could consider a request for early listing of the case.
Another petition against the film is already pending in the Kerala High Court.
On Tuesday, the High Court sought responses from the Central Government, the Central Board of Film Certification (CBFC), and the film’s producers in that petition, but the case is listed for further hearing on May 5.
A similar petition is also pending before the Madras High Court.
The Kerala Story is a film about a group of Kerala women who join ISIS (Islamic State of Iraq and Syria). The film will be released on May 5, Friday.
