The Kerala Story 2: Goes Beyond may finally release today (February 27) as a division bench of the Kerala high court seems inclined to reverse the decision of the single judge of the same court. The division bench on February 26 convened an urgent sitting at 7.30 p.m. to hear the appeal filed by producers of The Kerala Story 2: Goes Beyond, challenging the stay imposed by a single-judge of the high court on the film’s release. The order of the division bench is likely to be delivered this afternoon (February 27).
A division bench of Justices S.A. Dharmadhikari and P.V. Balakrishnan heard the parties for two hours before reserving its verdict. During the hearing, the division bench remarked that the single-judge seemed to have exceeded his jurisdiction in hearing the matter. “Order passed by any bench outside jurisdiction will be automatically nullified,” the division bench remarked. The court also opined that the single-judge order seemed to have been passed in a haste. “Everything has been done in haste. Nobody had time to apply their mind,” Justice Dharmadhikari remarked.
Single-judge Justice Bechu Kurian Thomas had at 3 p.m. yesterday (February 26) stayed the release of the film for 15 days while asking the Central Board of Film Certification (CBFC) to examine the representations against the film.
This led to the present appeal by the movie’s producers before the division bench.
The Kerala Story 2: Goes Beyond is a sequel to The Kerala Story which portrayed the alleged recruitment of women from Kerala into the Islamic State of Iraq and Syria (ISIS).
The petitions before the Kerala high court arose amid continuing controversy surrounding the sequel, much like the earlier film, which drew widespread criticism for its depiction of religious radicalisation of women and its alleged impact on the image of Kerala.
The petitioners moved the court contending that the movie misrepresents Kerala and its release could incite communal disharmony.
One petition was filed by Kannur native Sreedev Namboodiri who alleged that the sequel’s title and promotional materials contained themes and dialogues capable of inciting violence and unfairly stigmatised the state of Kerala. Namboodiri objected to the teaser’s closing line ‘Ab sahenge nahin… ladenge’ (we will not tolerate it anymore, but will fight), arguing that it amounted to a call for confrontation capable of triggering communal violence.
Another petition by Freddie V. Francis sought a ban on the film’s release and challenged the use of the term ‘Kerala’ in the title, arguing that it falsely associated the state with terrorism and forced religious conversion, despite the film’s story involving characters from other states. He termed this as ‘marketing of hate’ and questioned the claim that the film was based on true events.
At 3 p.m. yesterday, Justice Thomas passed an interim order staying the release while considering petitions challenging the CBFC certification granted to the movie.
The single-judge opined that prima facie there was an absence of application of mind by the CBFC while granting certification. It, therefore, directed the CBFC to consider the revision petitions filed by the petitioners before the board within a period of two weeks. Pertinently, the single-judge ordered that the movie shall not be released for 15 days.
Justice Thomas said that while he was usually hesitant when it came to interfering with the release of films, the court had to step in when the alleged content of the film could have the genuine potential of inciting communal disharmony.
The producers of the movie then approached the division bench seeking an urgent hearing of its appeal, emphasising that the movie was slated for international release on Friday, February 27.
When the appeal was taken up, Justice Dharmadhikari said that he granted permission to file appeal in the morning under the impression that the single-judge had passed an order. He didn’t know that the order was passed only in the afternoon.
Senior advocate Neeraj Kishan Kaul, appearing for the producers, said that the single-judge order was not clear as to why the CBFC decision to certify the film was termed to be “manifestly arbitrary”.
“Today we are 75 years into the Republic,” Kaul contended, continuing, “Are we so frail in this country with the greatest harmony that we can say that portrayal of social evil in one religion or a portion of a religion will scandalise the faith and tenets of religion? My lordships have held time and again that the storyline is the prerogative of the storyteller.” He also rebutted the argument that the movie denigrated Kerala. Further, he said that the film’s title said ‘Goes Beyond’ which made it clear that the film told the story beyond Kerala. He also highlighted the commercial impact the stay on the movie could have. He further said that other religions had also been subject to such scrutiny. “If every other religion has been subjected to the same scrutiny when it came to making fun of Hindu Gods and Goddesses and Catholic priests, the courts have refused to interfere, in this case, you cannot say, revision must be considered by Centre or CBFC before release,” Kaul contended.
“CBFC certification hasn’t been set aside by the single judge. The producer has every right to exhibit the movie in theatres. Everything was rushed through in this case,” a senior counsel argued on behalf of the producers. Kaul further argued that the single-judge could not have substituted the views of CBFC with his views.