HC lifts stay, clears path for ‘Kerala Story 2’ release

KOCHI: A division bench of the Kerala high court on Friday stayed the single bench order that halted the release and public exhibition of the film, ‘The Kerala Story 2 – Goes Beyond'.

The bench, comprising Justices Sushrut Arvind Dharmadhikari and P V Balakrishnan, gave the order on appeals filed by Vipul Amrutlal Shah, proprietor of Sunshine Pictures, which produced the movie. The producer contended that staying the release of the film, slated to hit theatres on Friday, would have serious financial ramifications.




The division bench observed that the single bench's finding that the Central Board of Film Certification (CBFC) did not follow certification guidelines could not be sustained merely on the basis of a few clippings without viewing the film in its entirety. The fact that insertions, excisions and modifications were carried out in accordance with the CBFC's directions further indicated due application of mind by the board while granting certification, it noted.

The court further observed that once a certificate was issued, there was, prima facie, a presumption that the authority concerned took into account all relevant guidelines, including those related to public order. If any law and order issue arose upon the movie's release, it would be the duty of the state to maintain public order, it said.

The single bench on Thursday stayed the film's release for 15 days on petitions filed by Sreedev Namboothiri of Kannur and Freddy V Francis of Ernakulam. The petitioners alleged that the film, which depicts forceful religious conversions, would lead to communal disharmony and adversely affect public order. They also argued that the use of the word "Kerala" in the title was misleading and could inflame passions. The film's release was stayed to enable the ministry of information and broadcasting to re-examine it on a revision petition filed by Namboothiri. The order, issued on Thursday afternoon, was challenged within hours. A special division bench was constituted to hear the appeals at 8pm at the producer's request, citing urgency as the film was scheduled for release on Friday. The bench had reserved its order after a two-hour hearing.