The Kerala Story: Supreme Court declines to entertain plea by Jamiat Ulama-i-Hind challenging release of film

The Supreme Court on Wednesday declined to entertain the petition filed by Jamiat Ulama-i-Hind challenging the release of film The Kerala Story, scheduled to hit theatres on Friday, May 5.

A Bench led by Chief Justice of India (CJI) DY Chandrachud said it cannot allow the Supreme Court to become a "super Article 226 court". The said Article provides for High Courts to issue instructions or writs to government authorities.

Advocate Vrinda Grover mentioned the matter today, saying that the Kerala High Court was not hearing the matter before the film's release on May 5.

"They are vilifying the community and marketing it as the truth. They do not have a disclaimer also that this is a work of fiction and they say as if it is the truth."

Senior Advocate Harish Salve, appearing for the producers of the film, pointed out that the Kerala High Court is already seized of the matter. He added that they were not agreeable to the suggestion to insert a disclaimer.

The CJI then remarked,

"Article 32 cannot be the remedy in every case. Seasoned judges are manning the High Courts. There is no reason for us to become super Article 226 court."

The order accordingly stated,

"Upon being mentioned, taken on board ... The relief which has been sought under Article 32 can well be pursued in appropriate proceedings before the High Court under Article 226 of the Constitution. Hence, we are not inclined to entertain the petition on that ground, but, leave it open to the petitioner to move the appropriate High Court. In the event that the High Court is moved and since it is stated that the film is stated to be due for release on 5 May 2023, the High Court may consider the request for early listing. The petition is disposed of."

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 plea by the Jamiat Ulama-i-Hind moved yesterday sought a stay on the release of the movie in theatres and via OTT (Over The Top) platforms and other such avenues. It is contended that the movie's release is likely to cause hatred and enmity between different sections of society in India.

The plea stated that the movie demeans the entire Muslim community and will result in endangering the life and livelihood of Muslims by spreading hatred and enmity against them.

The petition had also sought the removal of the movie's trailer from the internet.

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 alleged that it is a propaganda movie promoting a fake narrative and an agenda of right wing organisations.

Yesterday, 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.

The Court refused to allow urgent listing, and asked the petitioner to approach the High Court or mention the matter before the Chief Justice of India.

Yet another petitioner approached the Kerala High Court yesterday seeking a stay on the release of the movie. The High Court had sought the response of the Central government, the Central Board of Film Certification (CBFC) and the producers of the movie but posted the case for further hearing on May 5 when the film is slated for release.

The producer was represented by Naik Naik Managing Partner Ameet Naik.

[Read order]