The Supreme Court agreed on Wednesday to hear on May 12 a plea filed by the makers of the controversial film ‘The Kerala Story’ contesting the West Bengal government’s decision to ban the film.
Senior Advocate Harish Salve mentioned the case before a bench of Chief Justice of India (CJI) DY Chandrachud and Justice PS Narasimha, requesting an urgent hearing.
Initially, the CJI stated that he would list the matter on May 15, because the petition challenging the Kerala High Court’s rejection to stay the film’s exhibition is scheduled for that date.
However, Salve demanded an earlier date, claiming that the prohibition is costing the producers money. He also stated that another state is considering a ban on the film. As a result, the CJI agreed to list the case on May 12.
The petitioners also claim that the film is subject to a ‘shadow’ ban in Tamil Nadu and seek legal protection for screenings in the southern state.
West Bengal Chief Minister Mamta Banerjee ordered the ban on May 8 in order “to avoid any incidents of hatred and violence, and to maintain peace in the state.” For this, the government used its powers under Section 6(1) of the West Bengal Cinemas (Regulation) Act, 1954.
In order to challenge this judgement, the filmmakers have approached before the Supreme Court under Article 32 of the Constitution, claiming that the State Government lacks the authority to prohibit a film that has been certified for public viewing by the Central Board of Film Certification (CBFC).
The petitioners argued that the State Government cannot use law and order concerns to prevent the screening of the film, which would violate their fundamental rights.
The petitioners have also challenged the constitutionality of Section 6(1) of the West Bengal Cinemas (Regulation) Act, 1954, claiming that it grants the State Government arbitrary and unguided powers.
In Tamil Nadu, the petitioners claim that the film’s exhibitors withdrew after receiving informal messaging from the state authorities.
The film has drawn criticism for allegedly smearing the whole Muslim community and the state of Kerala while depicting the story of women recruited to ISIS through deception.
A division bench of the Kerala High Court comprised of Justices N. Nagaresh and Sophy Thomas refused to stay the film’s screening on May 5. The Court noted that the film only stated that it was ‘inspired by true events’ and that the Central Board of Film Certification (CBFC) had certified it for public viewing.
The bench also watched the film’s trailer and concluded that it included nothing objectionable to any particular community. The court also noted that none of the petitioners had seen the film and that the makers had included a disclaimer stating that it was a fictionalised version of events.
The High Court did, however, record the producer’s submission that the movie’s teaser, which stated that over 32,000 women from Kerala were recruited by ISIS, be removed from their social media accounts.
