'The Kerala Story 2 Goes Beyond': HC stays the release of film; criticizes CBFC for granting certificate

'The Kerala Story 2 Goes Beyond' has been rocking the headlines for its controversial content. The movie was supposed to hit theaters today; however, the Kerala High Court has halted the release of the movie in cinemas, citing disruption of communal harmony. Let's learn what the court has to say about the film. According to a PTI report, in a setback for the makers of ‘The Kerala Story 2 - Goes Beyond’, the Kerala HC on Thursday stayed the release of the film, saying that prima facie there was a manifest non-application of mind to the requirements of law by the CBFC. It said, "Prima facie, these guidelines do not seem to have been borne in mind by the CBFC while granting certification, and there is a manifest disregard of the applicable law, necessitating this court to interfere." The HC noted that the "possibility of communal disharmony or denigration of a community is prima facie involved in the movie,” and that its release without scrutiny by higher authorities would be legally improper.The court observed that the circulation of content that has the potential to create discord, disrupt law and order, or undermine social harmony does not fall within the scope of the right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India.The court further directed the Central government to examine and decide, within two weeks from Thursday, the revision petition filed by one of the petitioners, Sreedev Namboodiri, challenging the certification granted to the film. The court clarified that before arriving at any decision, the Centre must provide an opportunity to be heard to the petitioner, the CBFC, as well as the film’s producer, Vipul Amrutlal Shah.As per the reports, the court said, "In the meantime, there will be an interim stay on the release of the film 'The Kerala Story 2-Goes Beyond', and respondent 2 (CBFC) and respondent 3 (Vipul Amrutal Shah) are directed to ensure that the movie is not released for public viewing for a period of 13 days from today."According to the PTI report, the producer of 'The Kerala Story 2 Goes Beyond', Vipul Amrutlal Shah, has told the Kerala High Court the pleas submitted by petitioners opposing the film’s release are “premature, misconceived, and not maintainable." The producer stated in an affidavit submitted before the court on Tuesday.The report further stated that on Wednesday, the Central Board of Film Certification, which granted the movie a U/A certificate, said an alternative statutory remedy of seeking revision was available to the petitioners.It also told the high court that the pleas ought to have been filed as public interest litigations, which are heard by a division bench.Meanwhile, the petitioners had contended that the movie with the controversial content aims to tarnish the image of Kerala and harm the reputation of its people. They further alleged that the teaser and trailer were misleading and depicted social media content that cannot be shown in theaters.As per the report, advocate Maitreyi Sachidananda Hegde, appearing for one of the petitioners, Sreedev Namboodiri, told the court, "They (producers) are doing indirectly, through the teaser and trailer, what they cannot do directly."After the arguments from both sides were heard, Justice Bechu Kurian Thomas said the matter would be taken up again on Thursday, noting that petitioners' apprehensions "were probably genuine."