The Supreme Court will hear on Monday an appeal against a Kerala High Court interim order refusing to stay the release of the controversial Sudipto Sen movie 'The Kerala Story', which claims to depict the 'forced recruitment and conversion of young girls and women by the Islamic State'.
Senior advocate Kapil Sibal mentioned the matter for urgent listing before a bench comprising chief justice DY Chandrachud and Justice PS Narasimha.
This comes days after the Kerala HC declined to interfere, arguing the trailer does not contain anything offensive to any particular community as a whole.
What happened in the Kerala HC hearing?
A bench of justices N Nagaresh and Sophy Thomas acknowledged the film producers' submission that an 'offending' element in the teaser - which claims '32,000 women' from Kerala were converted (to Islam) and inducted into the terror group - would be deleted.
News agency PTI reported last week producers told the court the film - which has triggered a political row ahead of elections in Karnataka - is a fictionalised narrative and that it does not claim to accurately represent historical fact.
"In view of the disclaimer... we are not inclined to pass an interim order restraining respondents from exhibiting the film. In view of the above and taking into consideration statement by the producer... does not intend to retain offending teaser in social media, no further orders necessary..." the court said.
{{/usCountry}}"In view of the disclaimer... we are not inclined to pass an interim order restraining respondents from exhibiting the film. In view of the above and taking into consideration statement by the producer... does not intend to retain offending teaser in social media, no further orders necessary..." the court said.
{{/usCountry}}During the hearing Justice Nagaresh said the movie could not be banned because a few clerics were shown as 'bad people'. "There are numerous movies in which (Hindu) sanyasis, Christian priests and others are shown as bad…"
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The court also noted the Central Board of Film Certification had passed the movie; the CBFC said the social media teaser had not been certified but that this is 'not necessary' if the clips were not being exhibited in theatres or on TV'.
The petitions filed before the Kerala High Court last week argued 'The Kerala Story' 'falsely portrayed' certain facts and that this had 'insulted' Keralites.
How are states responding?
So far two states - Uttar Pradesh and Madhya Pradesh - have made 'The Kerala Story' tax-free, which means the government has waived the entertainment tax.
Both UP and MP are ruled by the Bharatiya Janata Party, which has thrown it support behind the controversial movie - much as it did for 'The Kashmir Files' - and UP chief minister Yogi Adityanath and his cabinet are to watch the movie Friday in a special screening. MP chief minister Shivraj Singh Chouhan, declared the movie 'shows how daughters get entangled (in love jihad)...'
READ | After Madhya Pradesh, UP declares 'The Kerala Story' tax-free
'The Kerala Story' has also been backed by prime minister Narendra Modi, who spoke about the film during an election rally in poll-bound Karnataka last week.
Meanwhile, Bengal has become the first state to ban 'The Kerala Story'; chief minister Mamata Banerjee said allowing the film to screen could cause unrest.
READ | 'Mamata is anti-Hindu, anti-India': BJP MP slams 'The Kerala Story' ban
The Kerala government has not yet banned the film but a furious chief minister Pinarayi Vijayan hit out at the movie and its makers, accusing them of projecting the state as the centre of religious extremism. He noted the 'love jihad' conspiracy had been refuted by courts and even the union home ministry.
The Congress has called on the Kerala government to revoke permission to screen the movie; the opposition party said the film creates 'communal divisions... through false claims'.