The Kerala Story-2: HC expresses concerns over film title and censor approval

Kochi: On Tuesday, the high court orally stated that the apprehension of the people of Kerala regarding the release of the film ‘The Kerala Story 2-Goes Beyond' cannot be ignored as the filmmakers claimed that the movie is based on true events and have used Kerala in its title.Noting allegations that the teaser contains material that may create communal tension, the court asked the central board of film certification (CBFC), which had approved the film for release, whether it had properly exercised its statutory powers while granting certification. The bench of Justice Bechu Kurian Thomas was considering petitions filed by Sreedev Namboothiri of Kannur and others seeking to quash the censor certificate issued to the film and suspend its release, which is slated on Feb 27.Though the court expressed its willingness to watch the film before deciding on the petitions, the respondents (primarily the producers) sought an adjournment, saying that they wished to raise certain additional arguments, including the maintainability of the petitions. Accordingly, without issuing interim directives, HC adjourned the matter to Wednesday after hearing arguments for 30 minutes.The petitioners contended that though the filmmakers had asserted that the film did not depict the story of any victims from Kerala, they had nevertheless used the name Kerala in the title. Noting the submission, the court orally observed: "Kerala lives in total harmony among various religions. But portraying it in such a manner as though this is what is happening all over Kerala gives a wrong indication and may also incite passions, which is where the censor board comes into play."It further asked whether CBFC had considered these aspects. The bench also referred to a similar case concerning the release of Malayalam film ‘Haal', in which HC had noted that CBFC had directed minor cuts in certain portions containing specific words. The court asked whether a similar approach had been adopted in the present case.The petitioners also challenged the exhibition of the trailer and teaser, alleging that they were released without obtaining a censor certificate and contended that the film would create prejudice against the people of Kerala. In response, the respondents questioned the maintainability of the petitions, arguing that if the grievance relates to the image of the state, the matter would fall within the domain of a public interest litigation.HC initially adjourned the petitions to 2pm. However, when the matter was taken up in the afternoon, senior counsel appearing for the filmmakers sought an adjournment to Wednesday to advance arguments on the merits and to file a counter-affidavit. The court accordingly adjourned the petitions.