The Jamiat Ulama-i-Hind moved the Supreme Court on Tuesday seeking a stay on the release of the movie, The Kerala Story in theatres and via OTT (Over The Top) platforms and other such avenues, contending that the movie's release is likely to cause hatred and enmity between different sections of society in India [Jamiat Ulama i Hind v. Union of India],
The plea stated that the movie demeans the entire Muslim community and it will result in endangering the life and livelihood of Muslims.
"The movie demeans the entire Muslim community, particularly Muslim youth and it will result in endangering the life and livelihood of the entire Muslim community in our country and this is a direct infringement under Article 19(1)(g) of the Constitution of India," the plea said.
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 on May 5, Friday.
The Jamiat's petition stated that the movie is clearly aimed at spreading hatred and enmity between different sections of society in India.
"The message the movie imparts is that non-Muslim young women are being lured into converting to Islam by their classmates and subsequently, trafficked to West Asia where they are forced to join terrorist organisation," the plea said.
It is submitted that the movie gives the impression that apart from extremist clerics who radicalise people, ordinary Muslim youngsters, their classmates, also play an instrumental role in luring non-Muslims and radicalising them by posing as friendly and good-natured, in accordance with instructions given by extremist scholars.
"It is falsely stated that 32,000 girls have left Kerala for West Asia to join ISIS even though the United Nations, the Union Home Ministry, police sources and experts agree that the number of Indians who left to join ISIS is around 66 and the maximum number of pro-ISIS persons who may have shown inclination towards ISIS is in between 100 and 200," the petition stated.
Apart from seeking a stay on the release of the movie, the petition has sought the removal of trailer from the internet. As an alternative to the said prayer, the petition sought for directions ot the Central Board of Film Certification to suggest deletion of certain scenes and dialogue from the movie.
Another alternative suggested is for the Supreme Court to order that the movie be released with a disclaimer stating that it is a work of fiction and the characters in the movie bear no resemblance to any person living or dead.
Even before its release, 'The Kerala Story' had invited criticism from several quarters. In Kerala, the ruling CPI(M) and the opposition Congress party alleged that it is a propaganda movie promoting fake narrative and agenda of right wing organisations.
Earlier today, an application seeking a stay on the release of the movie was mentioned by advocate Nizam Pasha before the Supreme Court bench of Justices KM Joseph and BV Nagarathna for urgent listing today morning. The Court refused to allow urgent listing asked the petitioner to approach the High Court or mention before the Chief Justice of India. However, the plea was not filed thereafter.
Yet another petitioner approached the Kerala High Court today seeking a stay on the release of the movie. The High Court sought the response of the Central government, the CBFC and the producers of the movie.
The plea by Jamiat has been filed by Advocate on Record Ejaz Maqbool. It has been drawn by Advocates Maqbool, Shahid Nadeem and Saif Zia. The plea has been settled by Advocate Md. Tahir M. Hakim.