After Supreme Court, plea in Kerala High Court against movie The Kerala Story; HC says such petitions give unnecessary publicity to films

The Kerala High Court on Tuesday said that petitions against movies like The Kerala Story will give such movies unnecessary publicity.

Nevertheless, a bench of Justices N Nagaresh and Mohammed Nias CP sought the response of the Central government and the produces of the movie on a plea filed by advocate Anoop VR seeking a stay on release of the movie.

"Does this kind of petition not give unnecessary publicity to these movies," Justice Nagaresh asked.

He also asked how can Court interfere with, and ban works of art.

Advocate Kaleeswaram Raj, appearing for the petitioner, said that the teaser of the movie contained hate speech and was an insult to the State of Kerala.

"Isn't this just art? How can it be conflated with hate speech," the bench asked.

"Right now only trailer is available to the public but even in that they are saying it is based on true stories. It is an insult to the State and its people. If the court feels this is not hate speech then nothing else would be considered hate speech," Raj submitted.

Senior Advocate S Sreekumar, appearing for the producer of the movie, said that the teaser was published on social media first and the Censor Board had also granted a certificate.

"Then Censor board gave the certificate. Now on the eve of the release petitioner has come here," he said.

He also cited the judgment of the Supreme Court in the case of Padmaavat.

Raj said that the Padmaavat judgment would not apply to the present case.

He also asked whether the teaser and trailer of the movie also had Censor Board clearance.

"My argument is that the censor board gave the certificate on a partial evaluation of the movie only. The contents of the trailer and the movie are absolutely toxic. Does the teaser trailer have a certificate from the Board," he asked.

He said that at present, his challenge was to the teaser of the movie.

"Teaser is available even now. For the film I have said that maybe expert committee may be constituted but that is for another day. I am on the teaser trailer right now. Has the teaser been certified," Raj further demanded.

Deputy Solicitor General S Manu said that a similar matter is pending before the Supreme Court.

He also said that the petitioner's allegation that certificate has been issued on partial evaluation is not based on any fact or material.

"It may be the opinion of a few citizens only," he said.

"I am not seeking to ban the film. The rule of law has to be maintained. I want confirmation if the teaser has been certified or not. If this court won't do that, then nobody can," Raj maintained.

The Court eventually sought the response of the respondents as regards the Censor Board clearance and posted the matter for further consideration on May 5.

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 Friday, May 5.

The petitioner contended in his plea that the movie claims to be based on true events that occurred in the state of Kerala where, allegedly Hindu and Christian girls were deliberately trapped in 'Love Jihad', converted by Islamic groups and trafficked for missions to Syria, Iraq and Afghanistan.

"The movie `The Kerala Story' claims to be inspired from true events, however, the statements in the teaser and trailer of the movie are far distant from the truth. The movie has made several controversies from the date of release of its teaser on 03.112022. The teaser itself states the incorrect statistical data that 32,000 women are converted, radicalized, and deployed in terror missions", the petition stated.

It was also argued that the movie hurts religious sentiments of the Muslim community and the secular fabric of the state.

"The movie constitutes hate speech as defined in Ext. P3 against the Muslim community and the State of Kerala. Such promotion of hate speech does not constitute freedom of speech and expression under Art. 19 of the Constitution", the plea said.

On these, among other grounds, the petitioner sought directions to the Central government, the Union Ministry of Information and Broadcasting and the Central Board of Film Certification to redact or remove all statements from the teaser, trailer and movie, claiming to be factual in nature. Moreover, the petitioner sought for a stay on the release of the movie until the redactions are completed.

The petitioner is represented by advocates Kaleeswaram Raj, Thulasi K Raj, Aparna Narayanan Menon, and Maria Antony.

The respondents are represented by Deputy Solicitor General of Indai S Manu, Senior Advocate S Sreekumar, and advocates Ameet, Madhu Gadodia, and Sujoy Mukherjee.

The Supreme Court had earlier today refused to allow urgent listing of a similar plea and had asked the petitioner to approach the High Court or mention before the Chief Justice of India.

[Read Order]