The producer of The Kerala Story 2 – Goes Beyond has told the Kerala High Court that petitions seeking to stop the film’s release are “premature, misconceived and not maintainable,” asserting that the Central Board of Film Certification (CBFC) is the sole statutory authority to examine and certify films under the Cinematograph Act, 1952.
Justice Bechu Kurian Thomas on Wednesday said the court would hear the batch of pleas in detail at 3 pm.
In an affidavit filed before the High Court, producer Vipul Amrutlal Shah contended that the court’s supervisory jurisdiction does not extend to substituting its own assessment of a film’s content for that of the CBFC.
He denied the allegations made in the petitions and described them as an “abuse and misuse of the process of law.” Referring to one of the petitioners, Shah alleged that the plea was filed “with a malafide intention and an ulterior motive to gain financial benefits.”
The affidavit states that the teasers were released 16 days prior to the filing of the petitions and argues that the exhibition of a certified film cannot be restrained on the basis of a two-minute teaser without examining the complete film.
Shah further submitted that granting prior restraint at the threshold, without any prima facie finding of illegality in the CBFC’s decision and based only on a teaser, would cause “catastrophic and irreversible economic harm” to the producer, exhibitors and distributors. According to him, the film is scheduled for release in more than 1,800 theatres in India and overseas.
On the film’s title, the affidavit states that the qualifier “Goes Beyond” is a deliberate textual signal that the narrative extends beyond Kerala and that the use of the definite article “The” is a reference to the first film in the franchise and does not confine the subject matter to the state.
The producer also argued that apprehensions of protests or law and order issues must be addressed by the State and cannot be a ground to stop the release of a certified film. Allowing threats of disorder to halt exhibition, he said, would render the CBFC certification process and the constitutional guarantee of free expression meaningless.
Three separate petitions have sought to quash the CBFC certificate granted to the film, which is slated for release on February 27.
One of the pleas, filed by Sreedev Namboodiri of Kannur through advocate Maitreyi Sachidananda Hegde, has arrayed the Ministry of Information and Broadcasting, the CBFC and the producer as respondents. Besides setting aside the certification, the petitioner has sought modifications, including reconsideration of the film’s title.
The petition alleges that the CBFC granted certification without due compliance with the statutory mandate under the Cinematograph Act, 1952. It states that the teaser and trailer portray narratives involving women from multiple states while branding the content as The Kerala Story, thereby associating allegations of terrorism, forced conversion and demographic conspiracy exclusively with Kerala.
According to the plea, such portrayal has the potential to stigmatise the state’s population, disturb public order and incite communal and regional disharmony.
On Tuesday, the High Court had orally observed that the teaser and trailer appeared to depict a state known for communal harmony in a negative light and that using Kerala’s name while claiming the film is based on facts could lead to communal tensions.
The matter is scheduled for detailed hearing.
