Kerala HC Division Bench Reviews Appeal on The Kerala Story 2 Stay; Verdict Pending
The anticipated release of The Kerala Story 2 – Goes Beyond has encountered a significant legal obstacle as the Kerala High Court intervened on Thursday. Following a single-judge bench’s decision to stay the film’s release for 15 days, the producers swiftly filed an urgent appeal. The court has directed the Central Board of Film Certification (CBFC) to review complaints against the film, raising questions about the certification process and the implications for the film’s debut.
Legal Proceedings and Initial Ruling
On Thursday afternoon, Justice Bechu Kurian Thomas issued an interim order halting the film’s release, citing concerns about the CBFC’s decision-making process. The judge noted a potential lack of thorough consideration by the CBFC when granting certification. This ruling came as the film was set to premiere on Friday, both domestically and internationally, prompting the producers to seek immediate judicial relief to avoid delays.
In response to the urgency of the situation, a Division Bench consisting of Justices SA Dharmadhikari and PV Balakrishnan convened later that evening. They engaged in nearly two hours of discussions regarding the appeal, ultimately reserving their verdict. The Bench raised critical questions about the jurisdiction of the single judge and expressed concerns that the proceedings may have been rushed, suggesting that proper deliberation was not afforded to the matter.
Producers’ Defense and Concerns
Representing the producers, Senior Advocate Neeraj Kishan Kaul argued against the single-judge order, asserting that it failed to adequately justify the claim of “manifestly arbitrary” certification by the CBFC. Kaul emphasized that the court should respect the expertise of the CBFC, which had already evaluated the film. He further argued that the film’s portrayal of social issues does not equate to a negative representation of the entire state or its communities.
Kaul also highlighted the potential financial repercussions of the stay, noting that the film was scheduled to be released in over 1,500 theaters across India and many more internationally. He warned that any delay could lead to significant financial losses and increase the risk of piracy, which could further impact the film’s commercial viability. Additionally, he pointed out that the title’s suffix, “Goes Beyond,” suggests that the narrative extends beyond Kerala, challenging the petitioners’ claims.
Petitioners’ Arguments and Concerns
Opposing the film, petitioners raised concerns that *The Kerala Story 2* misrepresents the state and could incite communal tensions. One petitioner specifically objected to a line in the teaser, arguing it could be interpreted as inciting confrontation. Another challenged the use of “Kerala” in the title, claiming it unfairly links the state to terrorism and forced conversions.
Counsel for the petitioners clarified that their grievances stem from personal concerns regarding reputation and identity, rather than a broader public interest litigation. They argued that the film’s negative portrayal could adversely affect the perception of Malayalis, especially those residing outside Kerala. The petitioners also referenced the controversy surrounding the first installment of the film, which faced legal challenges over its claims and promotional content.
Awaiting the Court’s Decision
The Division Bench has reserved its decision on the producers’ appeal, leaving the film’s release in a state of uncertainty. Until the court issues a ruling, the 15-day stay imposed by the single judge remains effective. The outcome of this legal battle will be crucial in determining whether *The Kerala Story 2* will be able to proceed with its planned theatrical release or face further delays pending additional review.
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