"Think of labour of producer and actors": Supreme Court refuses to pass urgent orders in plea against release of movie The Kerala Story

The Supreme Court on Thursday refused to interfere with the release of film The Kerala Story or pass any orders for urgent listing of the case before the Kerala High Court.

A bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and JB Pardiwala stated that it would be improper for them to pass orders since the case was no longer before them.

"No we cannot we are not seized of the case. Central Board of Film Certification (CBFC) cleared it. Kerala High Court refused to stay and we declined yesterday. Now after three steps, it is improper for us to hear this now", said the CJI.

The Court also said that the labour and efforts of the producer and actors involved should be taken into account.

"That bench has applied its mind. Think from view of film producer, how many challenges will be face? Look at this from the point of view of film producer. Every time there is a challenge. Sometime in Kerala and then in Madras High Court," he remarked.

The case was mentioned by Senior Advocate Huzefa Ahmadi who submitted that the Kerala High Court was not hearing the matter before the film's release tomorrow.

"I only seek indulgence to get hearing today. Let me just have my day in court else the penny will drop," the senior counsel argued.

When the CJI pointed out that the petitioners could approach the Kerala High Court Chief Justice for urgent hearing, it was pointed out that he was on leave.

The Court responded that another bench can be assigned if on a request to the High Court's Registrar General.

"It is 2:30 pm now. You can go now. If bench assigned by CJ is not available then you can surely go now and have another bench or alternate assignment."

While the Senior Counsel insisted that the Court pass an order giving them liberty to approach the High Court for urgent hearing, the top court refused.

"Liberty can be given when you will not have liberty otherwise. Sorry we cannot intervene. Thank you," the apex court said.

Earlier today, two fresh petitions were filed before the High Court against the film's release and the counsel Rakesh K wrote to the Registrar General of the High Court for listing of the matter today since the movie is slated for release tomorrow.

The letter by the lawyer to the Registrar General also cited an order passed by the Supreme Court yesterday in a similar plea by Jamiat Ulama-i-Hind wherein it was observed that the petitioners could approach the High Court and the High Court may consider request for early listing of the case.

Another petition is already pending before the Kerala High Court against the movie.

On Tuesday, the High Court had sought the response of the Central government, the Central Board of Film Certification (CBFC) and the producers of the movie in that petition but posted the case for further hearing on May 5.

A similar petition is also pending before the Madras High Court.

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.

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.

[Read our live-coverage of the mentioning below]