Kochi, Feb 26 — The Kerala High Court on Thursday ordered an interim stay on the release of The Kerala Story 2 – Goes Beyond, a day before its scheduled release on February 27, observing that there was a prima facie “non-application of mind” by the censor board while granting certification.
Justice Bechu Kurian Thomas, passing the order on two petitions challenging the film’s release, said the guidelines meant to ensure that films do not disrupt social harmony appeared not to have been followed by the Central Board of Film Certification (CBFC).
“Prima facie, these guidelines do not seem to have been borne in mind by the CBFC while granting certification and there is a manifest disregard of the applicable law, necessitating this court to interfere,” the court said.
The court further held that dissemination of content that has the tendency to create discord, disturb law and order, or undermine social harmony cannot fall within the protection of freedom of speech and expression under Article 19(1)(a) of the Constitution.
Directing the Union government to consider a revision petition filed against the film’s certification, the court asked the Centre to pass appropriate orders within two weeks after granting a hearing to the petitioner, the CBFC and the film’s producer, Vipul Amrutlal Shah.
“In the meantime, there will be an interim stay on the release of the film The Kerala Story 2 – Goes Beyond, and the respondents are directed to ensure that the movie is not released for public viewing for a period of 13 days from today,” the court ordered.
Three separate pleas had sought to quash the certificate issued to the film. The court dismissed one petition for want of locus standi, while allowing the remaining two, including the plea filed by Sreedev Namboodiri through advocate Maitreyi Sachidananda Hegde.
Apart from seeking quashing of the certification, Namboodiri’s petition also sought modifications, including reconsideration of the film’s title, alleging that the CBFC had granted certification without complying with statutory requirements under the Cinematograph Act, 1952.