Madras High Court rejects PIL seeking ban on movie The Kerala Story

The Madras High Court Thursday rejected a public interest litigation (PIL) petition seeking a ban on the upcoming Hindi film, The Kerala Story.

A vacation bench of Justices AD Jagadish Chandira and C Sarvanan said that the Kerala High Court is already hearing a similar challenge and that the petitioner has approached the Court at "the last hour".

"Why are you coming at the last hour? Had you come earlier, we could have asked someone to watch the movie and decide. Moreover, you have come without even watching the film. The matter is seized before the Kerala High Court," the Court 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 petitioner, by city based journalist Aravindakshan BR, moved the Court claiming that the film, which is slated to release in cinema theatres for public viewing on May 5, is a "propaganda film," made without even basic research.

The film, the PIL claimed, is likely to disturb religious harmony and public peace in the country.

The PIL said the film does not quote any official sources to back its claim that women from Kerala joined the Islamic State of Iraq and Syria (ISIS). 

"I submit that, The neither the Home Ministry nor the intelligence agencies have released such information, I don't understand that Sunshine Pictures released the teaser of the movie The Kerala Story claiming it was a true story," the PIL said.

The plea, therefore, urged the Court to direct the Information & Broadcasting Ministry and the Tamil Nadu government to consider the petitioner's previous representations made to them to order a complete ban on the release of the film.

The bench also noted the submission of the Tamil Nadu Additional Advocate General (AAG) J Ravindran that the Supreme Court had earlier today, refused to entertain a similar plea against the film.

AAG Ravindran had earlier told the Court that the State government was "neither for, nor, against" the release of the film. He gave a copy of the Supreme Court's order from the day to the bench and said he was merely submitting facts.

The petitioner, however, argued that the film makers had blatantly passed unverified claims as facts. 

"The teaser says 32,000 women from Kerala joined ISIS. How can the MHA not know of this large population going out of the country to become terrorists?" he argued. "And now they are claiming there are only three women," he said.

When the bench asked if the figures were based on any empirical data, Senior Counsel Satish Parasaran, who appeared for the filmmakers, told the Court that the film had already been granted a certificate by the CBFC thus, okaying its release.

"CBFC members cannot be expected to go to the battlefield and take a headcount of the terrorists. They can only certify a movie after ensuring that there is no mischief and they have done that," he said.

The Court then went on to reject the plea.

Earlier day, two fresh petitions were filed before the Kerala High Court against the release of film.

The Supreme Court too had earlier today 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.