The Supreme Court on Thursday, while staying the ban imposed by the West Bengal government on The Kerala Story, directed the State of Tamil Nadu to provide security to the theatres screening the controversial movie.

The Bench of Chief Justice of India (CJI) D.Y. Chandrachud, Justice P.S. Narasimha and Justice J.B. Pardiwala observed that the May 8 order suffered from ‘overbreadth’ and was not tenable on the basis of the material produced before the Court.

The Apex Court said it found no ground to uphold the West Bengal government’s order of May 8, which prohibited exhibition of the movie in the entire state under Section 6(1) read with Section 4 of the West Bengal Cinemas Regulation Act and hence, the impugned state order was stayed. 

The CJI told the Counsel appearing for the West Bengal government that exercise of power should be used sparingly. The movie can be banned in a particular district but not in the entire state. He added that controlling public emotions was the prerogative of the government and that a film cannot be banned. The CJI further said that such a ban was not justified.

Taking note of the submission made by the Counsel of Tamil Nadu, the Apex Court noted that the screening of the film has not been directly or indirectly prohibited in the state. 

However, keeping the safety of moviegoers and cinema hall owners in mind, the Bench directed the Tamil Nadu government to provide adequate security to every cinema hall and make requisite arrangements for the safety of cinema goers. 

It ruled that no express steps, whether tacit, should be taken in the State of Tamil Nadu to prevent the screening of the film. 

The Apex Court further directed the filmmakers to ensure that the flick carried a disclaimer clearly stating that the film was a fictionalised version of events. It directed the moviemakers to add an additional disclaimer by May 20 that there was no authentic data to suggest that 32,000 women or any other verified number of women were converted to Islam.

Senior Advocate Harish Salve, appearing for the film producer, agreed to add the disclaimer. 

The top court of the country further listed the petition challenging the Madras High Court order upholding the certificate given by the Central Board of Film Certification (CBFC) to the movie for listing after summer vacations, saying that it would first have to see the movie for this purpose.

The Kerala Story is a Hindi movie, which depicts the lives of four young girls from different parts of Kerala, who meet at the Nursing College in Kasaragod district of Kerala. The film primarily focusses on the life of Shalini, who is abducted and subsequently converted to Islam. Shalini is then radicalised and compelled to join the Islamic State of Iraq and Syria (ISIS), a terrorist organisation banned in India.

(Case title: Qurban Ali vs Central Board of Film Certification and Anr)

The Supreme Court has decided to hear on Friday, a petition filed by the makers of the controversial film ‘The Kerala Story,’ which challenged the West Bengal government’s decision to ban the movie in the state.

The matter was mentioned by Senior Advocate Harish Salve before the Bench of Chief Justice of India D.Y. Chandrachud and Justice P.S. Narasimha on Wednesday, seeking urgent listing.

The CJI had initially listed it for hearing on May 15, since the plea challenging the Kerala High Court’s refusal to stay the exhibition of the film was listed for hearing on Monday. 

However, the Senior Counsel requested for an earlier date, stating that the producers were losing money everyday due to the ban. Another state was contemplating banning the movie, added Salve. The CJI then agreed to hear the petition on May 12.

The plea further sought protection for screening the film in Tamil Nadu, alleging that the movie was facing a ‘shadow ban’ in the southern state.

West Bengal Chief Minister Mamta Banerjee had declared on May 8 that the state has banned the screening of The Kerala Story under Section 6(1) of the West Bengal Cinemas (Regulation) Act, 1954, in order to ‘avoid’ any incident of ‘hatred and violence,’ as well as to ‘maintain peace’ in the state. 

The makers of the movie moved the Supreme Court against the ban invoking Article 32 of the Constitution. The petition by the filmmakers contended that the state government had no power to ban a movie, which has been certified for public viewing by the Central Board of Film Certification (CBFC). 

It further said that citing law and order issues to stop the screening of the movie by the West Bengal government amounted to violation of the fundamental rights guaranteed to the petitioners under the Constitution. 

They further challenged the validity of Section 6(1) of the West Bengal Cinemas (Regulation) Act, 1954 on the grounds that it was conferring arbitrary and unguided powers to the state.

The High Court of Kerala on Friday refused to grant an interim order on a petition seeking stay on the release of the controversial multi-lingual film ‘The Kerala Story’, which hit the theatres today.

The Division Bench of Justice N. Nagaresh and Justice Sophy Thomas, after watching the trailer of the movie, observed that there was nothing objectionable in it.

Justice Nagaresh, while stating that there was something called the freedom of speech and expression, said the filmmakers have artistic freedom, which this court needs to balance.

The Bench, however, recorded the submission made by the producer of the film that the teaser of the film, which claimed that over 32,000 women from Kerala were recruited to ISIS, will be removed from their social media accounts.

Noting that the flick only said that it was ‘inspired’ by true events, the High Court observed that the Central Board of Film Certification (CBFC) had certified the film for public viewing. 

Asking the petitioner about the part of the flick which was against Islam, Justice Nagaresh said there was no allegation against a religion, but only against the organisation Islamic State of Iraq and Syria (ISIS).

On request of the petitioners, the High Court viewed the trailer in open court today. It said this was a work of fiction. There were no ghosts or vampires, but a large number of movies were showing the same.

It further said that there were several such movies in Hindi and Malayalam, wherein Hindu Sanyasis were portrayed as smugglers and rapists. The High Court further mentioned a famous award-winning film, saying that it showed a pujari spitting on an idol. No one said anything then and no problem was created, noted the Bench. 

It said in Kerala, people were so secular. 

Representing one of the petitioners, Senior Advocate Dushyant Dave contended that the impact of the movie was much greater on the minds of people today than books could ever have. He said this may create a serious public law and order problem. 

The Senior Counsel said he was also a strong advocate of freedom, but if that freedom was likely to poison the minds of innocent people and threaten public order, then such freedom must be curtailed. 

Calling fraternity a part of the basic structure in the society, Dave said that the constitutional idea of fraternity must be kept in mind while examining the matter. 

The High Court remarked that the film was not based on historical facts, but was a mere story. 

Dave asked whether the purpose of fiction was to portray the Muslim community as villains. He said isolated incidents could not be made to seem like the truth and made into a movie.

Senior Advocate George Poonthottam, also appearing for the petitioners, submitted that the theme of the flick was to project Kerala as a centre of all terrorist activity. 

The Bench observed that merely because some religious head was shown in a bad light in a fictional story, could not be the basis to ban a movie.

Also representing one of the petitioners, Advocate P.A. Mohammed Shah stated that the impression this movie was creating would lead to parents thinking that they cannot send their children to hostels in which Muslim students stay, since their children would get converted. 

The film said only Hindu and Christian girls were being targeted and their parents should be careful. If it was being projected as a true story, what would be the mindset of parents, he asked. 

Advocate Kaleeswaram Raj submitted that this was a novel case, where the Court was being called upon to consider whether hate speech could be in the form of art.

Representing the producer of the movie, Senior Advocate Ravi Kadam contended that they have put a disclaimer, stating that it was a work of fiction. 

He said the film was only ‘inspired’ by true events. As per the Senior Counsel, things were always dramatised in a movie, otherwise no one will watch it.

The High Court of Madras on Thursday dismissed a Public Interest Litigation (PIL) that sought ban on the release of multilingual film, ‘The Kerala Story’.

The Vacation Bench of Justice A.D. Jagadish Chandira and Justice C. Saravanan dismissed the PIL filed by Chennai-based journalist B.R. Aravindakshan, challenging the certificate given to the controversial film by the Central Board of Film Certification (CBFC).

The petitioner contended that the flick had the potential to affect the country’s sovereignty and unity, thus causing disturbance to the public order.

Stating that the movie was an intentional attempt to portray Kerala as a terrorist-supporting state, the petitioner expressed apprehension that if the movie was allowed to be released, it would be a humiliation to the entire country as it would create an impression that India was a country that produced terrorists.

The Madras High Court rejected the PIL after observing that the High Court of Kerala and the Supreme Court had already dealt with the issue regarding the release of the film.

The Bench asked the petitioner how could he assume that the film will create law and order problems without even watching it.

It observed that if the petitioner had come earlier, the Bench could have asked someone to watch the movie and decide.

As per the petitioner, the movie was unfit for certification under Section 5(b) of the Cinematography Act, which prevented certification if any part of the movie was found to be against the sovereignty, security and integrity of the state.

The plea further submitted that the makers of the movie had distorted facts and had claimed that 32000 women have joined the ISIS organisation. It said even the Home Ministry did not have any data on such a large number of persons joining the terrorist organisation.

The Bench asked Aravindakshan whether the movie was based on any empirical data or records. He replied that the Director of the movie had given interviews claiming that the figures were arrived at based on a speech by a former Chief Minister of Kerala.

The petitioner submitted that the filmmakers were claiming that they were uncovering some truths and thus, the film was based on the events happening in Kerala.

Representing the filmmaker, Senior Counsel Satosh Parasaran questioned the maintainability of the plea on the grounds that the Kerala High Court had already given a nod for the release of the movie and even the Supreme Court had rejected relief in a similar petition.

(Case title: BR Aravindakshan vs Union of India and others)

The Kerala Story: Supreme Court rejects fresh plea seeking stay on release of film

The Supreme Court on Thursday rejected another petition, which sought stay on release of the  controversial movie “The Kerala Story”.

The matter was mentioned by Senior Advocate Huzefa Ahmadi before Chief Justice of India D.Y. Chandrachud.

Ahmadi apprised the Apex Court that the High Court of Kerala today refused to constitute a Bench to hear the matter, despite the Supreme Court yesterday allowing the petitioners to seek an urgent hearing on the petition before the movie hit the theatres on May 5. 

He said a letter was sent to Justice S.V. Bhatti, Acting Chief Justice of the Kerala High Court, who in turn said that a Bench has been constituted. However, the Registry later informed the petitioners that the Bench will not hold its sitting today. Ahmadi added that the Kerala High Court was on summer vacation.

The CJI, however, refused to entertain the request and asked the petitioner to move the High Court again. He noted that the High Court has already passed a detailed order on May 2 to decline interim stay of the movie, in view of the certification granted by the Central Board of Film Certification.

The CJI observed that the Bench had applied its mind. Telling the petitioners to look at the matter from the perspective of the film producer, the CJI told the petitioner to think of the actors and producer, who have all put in their labour. He further told the petitioner that they must exercise caution while seeking stay on films. The CJI further said that let the market decide whether the movie was not up to the mark.

Justice Pardiwala sided with the CJI and told the petitioner to again appear before the High Court Bench at 10:15 am on Friday and try to convince the Bench.

The CJI said that a ‘contrived’ urgency has been created as the petitioner did not avail the proper remedy at the right time. 

He further pointed out that the petitioner had initially sought to challenge the certificate in an interlocutory application (IA) in a pending hate speech case, which was turned down by another Bench.

Agreeing that moving the IA was a mistake, the Senior Counsel apologised for the same and requested the Bench to at least have a hearing before the release of the movie.

However, the CJI asked the petitioner to work out the remedies before the High Court. 

The Supreme Court on Wednesday, while refusing to entertain the writ petitions filed against controversial film “The Kerala Story”, told the petitioners to approach the Kerala High Court, as a similar petition was pending there.

Noting that the Kerala High Court was seized of a similar matter, the Bench of Chief Justice of India D.Y. Chandrachud and Justice P.S. Narasimha disposed of the pleas and granted liberty to the petitioners to seek an early hearing in the High Court before the movie hit the theatres.

The Apex Court noted that the reliefs sought by the petitioners under Article 32 of the Constitution could be sought before the High Court under Article 226 of the Constitution. It further said that the High Court ‘may consider’ the request for an early listing in the case.

The matter was mentioned by Advocate Vrinda Grover before the CJI seeking urgent listing on Thursday, saying that the film would be released on May 5. 

Advocate Nizam Pasha also mentioned the petition filed by Islamic clerics body Jamiat Ulema-i-Hind challenging the film’s release. While Grover’s petition sought a modification in the disclaimer of the film to state that it was wholly fictional, Pasha’s petition sought a complete ban on the movie.

Representing the makers of the controversial flick, Senior Advocate Harish Salve opposed the petitions.

Grover contended that the petitioner was not seeking a complete ban of the movie, but a disclaimer saying that it was a work of fiction. As per the lawyer, the opening shot of the movie as well as the way it was advertised, portrayed that it was based on a true story. The Advocate alleged that the movie, which was slated for a pan-India release, vilified the entire community. She further pointed out that there was no disclaimer. 

However, Nizam Pasha submitted that his petition sought different reliefs. They sought stay on the release of the movie itself and not just a modification of its disclaimer.

Directed by Sudipto Sen and produced by Vipul Amrutlal Shah, the film courted controversy for making claims that nearly 32,000 women from Kerala were converted through deceit into Islam and forced to join ISIS. 

Kerala Chief Minister Pinarayi Vijayan, the ruling party of the state CPI(M) and the opposition Congress have come out against the flick, saying that it was peddling false propaganda to create communal hatred and portray the state in a bad light.

The Supreme Court on Tuesday refused to grant urgent hearing to an interlocutory application that sought stay on the release of controversial movie ‘The Kerala Story,’ observing that since the movie had been certified by the Central Board of Film Certification, the petitioners should approach the concerned High Court first for relief. Supreme Court refuses to halt release of The Kerala Story, tells petitioner to approach appropriate forum

The observations were made by the Bench of Justice K.M. Joseph and Justice B.V. Nagarathna on an interlocutory application, which was filed in a pending writ petition seeking action against crimes related to hate speech.

The Apex Court noted that it could not interfere with a film that had gone through a process of certification by the Censor Board unless the certification was challenged in a substantive petition.

Advocate Nizam Pasha mentioned the matter before the Apex Court, alleging that the movie was the ‘worst instance of hate speech’ and also called it an ‘audio-visual propaganda’.

The Bench, while observing that it cannot tag the matter, asked the petitioner to move the High Court first and said that every challenge cannot start with the Supreme Court. 

Senior Advocate Kapil Sibal, who joined the proceedings later, urged the top court of the country to look at the transcript during the recess. He contended that the trailer has already recorded 16 million views and the movie was slated to release in multiple languages – Hindi, Malayalam, Tamil and Telugu. He said by tomorrow, he will file a substantial petition.  

When the Apex Court observed that it should have been mentioned before the Chief Justice of India first, Sibal said that the present recourse was adopted in view of the limited time available before the movie’s release. 

Stating that he will file a substantive petition tomorrow and seek an urgent listing by mentioning before the Chief Justice of India, Sibal said that by the time the petition is listed, the movie will be released.

He further requested the Apex Court to look at the IA in the meantime.

When Justice Nagarathna told the Senior Counsel that he cannot start everything at the Supreme Court, Sibal replied that the Apex Court had earlier interfered in the case related to the UPSC jihad show on Sudarshan TV.

Justice Joseph said that he was aware of the controversy regarding the movie as he had watched the TV discussion regarding it. However, he again questioned the method adopted by the petitioner, stating that this was not the right forum to seek relief.

Directed by Sudipto Sen and produced by Vipul Amritlal Shah, the film has courted controversy for making claims that nearly 32,000 women from Kerala were converted through deceit into Islam and forced to join ISIS.