"There are umpteen movies depicting Hindu sanyasis as rapists": Kerala High Court refuses to stay release of The Kerala Story

The Kerala High Court on Friday refused to stay the release of the Hindi movie, The Kerala Story..After watching the teaser and trailer of the movie, a division bench of Justices N Nagaresh and Sophy Thomas said that it does not contain anything against Islam or Muslims as a whole but was about Islamic State of Iraq and Syria (ISIS)."What is against Islam? There is no allegation against the religion. The allegation is against ISIS," the bench remarked."Going through the trailers of the movie, we find it does not contain anything offensive to any particular community as a whole. None of the petitioners have watched movie," the Court noted in its order.The bench orally remarked that there are umpteen movies in which Hindu sanyasis are depicted as smugglers or rapists but it has not led to any adverse consequences. "There are umpteen number of movies where Hindu sanyasis are depicted as smugglers or rapists. Nothing happens, no one protests. Many such Hindi and Malayalam films are there," said Justice Nagaresh."Merely because one wrong has been allowed, another should not be," said Senior advocate Dushyant Dave appearing for the petitioners."You have come at the last minute," the bench said.Senior Advocate George Poonthottam also appearing for the petitioner, said that the theme of the movie is that Kerala is the hub of ISIS."The theme is that Kerala is the centre of all ISIS activity," he said. "We need not go into veracity. This is fiction! Merely because some religious head is shown in bad light is not a reason to ban the movie. This has been happening in Hindi and Malayalam movies for a long time," the bench replied.Advocate Kaleeswaram Raj pointed out that the counter affidavit by the Central Board of Film Certification (CBFC) itself said that the trailer and teaser of the movie were not subject to certification by it.He, therefore, insisted that the Court should watch the whole movie and then take a call."Your Lordships will perfectly justified in watching the film and deciding," Raj saidSenior Advocate Ravi Kadam, appearing for the producer of the movie, said that a disclaimer has been put."We have put a disclaimer and we have said this is a work of fiction, inspired by true stories. Supreme Court says once there is a disclaimer and film is certified (it can be released)," he said.He also said that the trailer of the movie does not require CBFC certification."Trailer is an excerpt of the film.. if the film is certified as a whole, it (trailer) is does not need separate certification. Teaser, yes. It is not part of the film, it is only for social media. Reliefs sought are for the film," Kadam said. The Court after hearing all parties at length refused to the stay the release of the film.However, it was clarified that the petitioners will be at liberty to prosecute their complaint before the CBFC seeking re-examination of the film."The learned counsel for the petitioner in W.P(C)No.15312 of 2023 submitted that the petitioner therein has filed a complaint invoking Rule 32 of the Cinematograph (Certification) Rules before the Board. It is made clear that the petitioner will be at liberty to prosecute the said complaint."Further it noted that the CBFC has examined the movie and found it suitable for public exhibition. "As provided by guidelines, the board has considered and examined the movie. From the statement of the Deputy Solicitor General, the producers have published a disclaimer that the film is fictionalised and dramatised. We are not inclined to pass an interim order restraining exhibition of film," the Court directed..Background.'The Kerala Story' is a Hindi film about a group of women from Kerala who join the Islamic State of Iraq and Syria (ISIS). The film is slated for release today. .The Court was considering six petitions challenging the release of the movie 'The Kerala Story'. The petitions have claimed that the movie about women in Kerala joining ISIS, is not based on facts and will lead to hatred against Muslim community.On May 2, the Court had said that petitions against movies like The Kerala Story will give such movies unnecessary publicity..Interestingly a slew of petitions were filed before various courts in the country against the movie..The Madras High Court Thursday rejected a public interest litigation (PIL) petition seeking a ban on the movie on the ground that the Kerala High Court is already hearing a similar challenge and that the petitioner has approached the Court at "the last hour".The Supreme Court also refused to interfere with the release of film or, to pass any orders for urgent listing of the case before the Kerala High Court.Even before its release (scheduled this Friday), the film had invited criticism from several quarters. In Kerala, the ruling CPI(M) and the opposition Congress party have alleged that it is a propaganda movie promoting a fake narrative and an agenda of right wing organisations..Arguments today.Senior Advocate Dushyant Dave submitted that the certification of the film by the Central Board of Film Certification (CBFC) is in violation of statutory provisions and Constitution of India.He said that the bench should watch the entire film to understand the level of damage it can cause."The film can cause serious damage of innocent minds. this may create a serious public law and order problem. Really, one should view the entire film. The trailer itself shows how dangerous it is," he said."What in the movie demonises the entire community," the bench asked."I have not seen the film, it is not yet released but please see the trailer. I would say please see the film. That is the best way," Dave responded."We will hear the trailer after hearing the other side," the Court stated.Dave contended that freedom of speech in India is not absolute.He claimed that the movie depicts an entire religious community in a certain way."Is there any allegation that there is something against an entire community," the bench asked."Paras 11 and 12 show," Dave said."There is nothing against the entire society in the trailer," the bench maintained."Will have to see as a whole," Dave said."The board has seen it and advised cuts...This is not a historical movie. This is a story," the bench said. "If it is a story with a false narrative, court has every right to sit over the censorship board. If fiction is going to create a serious public order situation," Dave replied."Let us suppose one or two incidents did take place. You must not glorify them this way! You cannot talk about them. You have to let law take its course," Dave underlined. "Is the film glorifying or condemning it," the bench asked. "I also am strong advocate of freedom, but if it likely to create enmity, poison the minds of innocent people it must be curbed. That is what Supreme Court has said since 1950s. Therefore, please stop the telecast. Please see the film, if your conscience allows.. I will bow down," Dave said.Senior Advocate George Poonthottam contended that the movie claims it is based on true events. "They don't say it is fiction! They say it is reality. They say it is based on true events," Poonthottam said."No, they say it is inspired by true events. What is wrong in it? I don't understand what is so provocative," the bench said..Poonthottam urged court to watch the film. "You have to first convince us.. what is offensive in this? Ours is a democracy with secularism embedded in it," the bench maintained."Originally, they started by saying it is 32,000 girls. Now they have reduced it to 3," Poonthottam said."There are routine number of movies where religious sects are shown in a bad light," the bench said.Advocate Mohammed Shah appearing for one of the petitioners said that his objection was to the claim made by the movie about it being a true story."My objection is only on the point that they say it is a true story," he said"That ISIS should come and object. If these statements are offending someone, it is offending ISIS," the bench said."It is offending Kerala........The effect will be that parents will feel they cannot send their children to a hostel with Muslim students," Shah stated.Advocate Kaleeswaram Raj submitted that judgments of the Supreme Court have repeatedly said that hate speech goes against basic tenets of Constitution..The Court asked the producer's counsel Ravi Kadam how they arrived at the figure of 32,000 girls being recruited by ISIS. "How did you say 32,000 girls," the bench demanded."It was based on some information we got. It was only teaser which we have agreed to no longer continue on our social media platform," Kadam said."Can we record that," then bench asked."Yes," Kadam replied..Ameet Naik, Madhu Gadodia, Sujoy Mukherjee and Tarini Kulkarni of Naik Naik and company represented the producers. .[Read Order]