‘The Kerala Story’: SC Refuses To Hear Plea Filed By Jamiat-Ulema-e-Hind Seeking To Halt Release

The Supreme Court on Wednesday denied to entertain the plea filed by Jamiat Ulema-e-Hind challenging the release of the ‘The Kerala Story’ movie, which is set to release on Friday, May 5.

‘The Kerala Story’ film is directed by Sudipto Sen and produced by Vipul Amritlal Shah, has sparked controversy for claiming that approximately 32,000 Kerala women were deceitfully converted to Islam and forced to join ISIS.

A Bench led by Chief Justice of India (CJI) DY Chandrachud stated that the Supreme Court cannot be allowed to become a “super Article 226 court.” The aforementioned Article empowers High Courts to issue directions or writs to government officials.

Advocate Vrinda Grover raised the issue today, stating that the Kerala High Court would not consider the case before the film’s May 5 release.

“They are vilifying the community and marketing it as the truth. They do not include a disclaimer that this is a work of fiction, and they speak as if it is true.”

Senior Advocate Harish Salve, who is representing the film’s producers, stated that the Kerala High Court is already hearing the case. He further added that they were opposed to the idea of including a disclaimer.

The CJI then stated, “Article 32 cannot be the solution in every case. The High Courts are staffed by seasoned judges. We have no need to become a super Article 226 court.”

The judgement stated, “Upon being mentioned, taken into consideration… The relief sought under Article 32 can well be pursued in appropriate proceedings before the High Court under Article 226 of the Constitution. As a result, we are unlikely to hear the petition on that basis, but we leave it open for the petitioner to file an appeal with the competent High Court. If the High Court is moved, and if the film is scheduled to be released on May 5, 2023, the High Court may consider the request for early listing. The petition has been dismissed.”

The Jamiat Ulama-i-Hind’s petition, filed yesterday, sought a halt to the film’s release in theatres, through OTT (Over The Top) platforms, and through other means. It is argued that the film’s release will incite hatred and enmity among various parts of Indian society.

According to the petition, the film demeans the whole Muslim community and would harm Muslims’ lives and livelihoods by instilling hatred and enmity against them.

The petition also requested that the film’s trailer be removed from the internet.

Even before its release (this Friday), the film has drawn criticism from a variety of areas. In Kerala, both the ruling CPI(M) and the opposition Congress party claimed it was a propaganda film promoting a false narrative and the agenda of right-wing parties.

Yesterday, Advocate Nizam Pasha mentioned an appeal seeking a stay on the film’s release before a Supreme Court bench comprising Justices KM Joseph and BV Nagarathna for urgent listing.

The Court refused to grant an urgent listing, instead asked the petitioner to file an appeal before the High Court or mention the matter before the Chief Justice of India.

Another petitioner approached the Kerala High Court yesterday, seeking a halt on the film’s release. The High Court had sought responses from the Central Government, the Central Board of Film Certification (CBFC), and the film’s producers, but had adjourned the matter until May 5, when the movie is scheduled to be released.