Kerala HC pulls up CBFC for ignoring guidelines on social harmony in certifying The Kerala Story 2: 'Disregard of law'

The Kerala High Court has asked the Central Board of Film Certification (CBFC) to re-watch The Kerala Story 2, while granting a stay on the film's release.

Hours before The Kerala Story 2 was to hit the screens, the Kerala High Court first granted a stay on the film's release, then considered an appeal against the interim order, and reserved its verdict in the matter. The film has not been released in theatres, with its fate uncertain. However, the court has pulled up the Central Board of Film Certification (CBFC) for how it certified the film, calling it ‘manifest disregard of the applicable law’. The CBFC had certified the film U/A.

Director of The Kerala Story 2, Kamakhya Narayan Singh, and producer Vipul Amrutlal Shah during the film's promotions. (ANI)

Kerala HC pulls up CBFC in The Kerala Story 2 case

On Thursday, in its order granting an interim stay against the release of The Kerala Story 2, the Kerala High Court said that prima facie there is ‘non-application of mind’ by the censor board while certifying the movie. The court also said that the guidelines for ensuring a film does not disrupt social harmony appear not to have been adhered to by the 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,” it said.

Justice Bechu Kurian Thomas passed the order on two pleas challenging the release of the film. The court also said that dissemination of content with a tendency to create discord, disturb law and order, or undermine social harmony cannot fall within the ambit of freedom of speech.

The court directed the central government to consider and pass orders within two weeks from Thursday on a revision petition against the certification of the film, asking the CBFC to re-watch it.

Court reserves verdict on plea challenging stay

However, hours after the judge put the film's release on hold, a division bench of the Kerala High Court on Thursday considered an appeal against the interim order and reserved its verdict.

In a late evening hearing, a bench of Justices Sushrut Arvind Dharmadhikari and P V Balakrishnan observed that the pleas opposing the film's certification were in the nature of a public interest litigation (PIL) and questioned how the single judge could hear it. The bench, however, did not pass any interim order in the court, at the conclusion of the hearing, as sought by the producer.

Directed by Kamakhya Narayan Singh and produced by Vipul Amrutlal Shah, The Kerala Story 2 stars Ulka Gupta, Aditi Bhatia, and Aishwarya Ojha.