The division bench of the Kerala high court on Friday afternoon lifted the stay imposed by a single-judge bench on the release of the film ‘Kerala story 2: Goes beyond’.
The ruling paves the way for the release of the controversial film which is a sequel to the 2023 film ‘Kerala story’ , and is directed by Kamakhya Narayan Singh and produced by Vipul Amrutlal Shah. The film was slated for release on February 27.
The division bench of Justices SA Dharmadhikari and PV Balakrishnan stayed the interim order pronounced by the bench of Justice Bechu Kurian Thomas on the release of the film on Thursday, relying on earlier Supreme Court rulings in cases where certification by the Central Board of Film Certification (CBFC) is treated as presumption of an expert body considering the impact of a film on society.
“The afore decisions thus clearly stand to advice that once a certificate has been issued, there is, prima facie, a presumption that the authority concerned has taken into account all the guidelines, including public order, and that if due to the release of the movie, any issue arises, it is the duty of the state to maintain it,” the division bench said in its order.
“This presumption thus includes that, the film has been judged in its entirety from the point of view of its overall impact, by taking into consideration the principles enunciated in section 5B of the Cinematograph Act, 1952 and the relevant guidelines,” it added.
The division bench pointed out that on the basis of a few clippings and without watching the film, the finding of the single judge bench that the guidelines for certification have not been borne in mind by CBFC cannot be countenanced.
It stated that the insertions and modifcations carried out by the film producers on the directions of CBFC ‘reinforces the fact that there is an application of mind on the part of CBFC while granting the certificate.’
A batch of three petitions had been filed before t the high court against the film’s release and seeking cancellation of the clearance given by CBFC. The petitions claimed that the film’s teaser and trailer contained scenes and dialogues that unfairly stigmatise Kerala and could incite communal violence in the state.
All major parties, except the BJP in Kerala, have opposed the film’s content, dubbing it as a propaganda film filled with fake narratives and aimed to create communal discord in society. Elections in Kerala are due in early summer.
Responding to the court order, Vipul Amrutlal Shah, the producer of the movie, said, “Neither our film, nor me, nor any member of my team are against the state of Kerala or the people of Kerala…But if something wrong is happening in God’s own country, then it is our effort to reach those people and rectify that mistake.”
