Kerala High Court Cites Padmaavat and Aarakshan Rulings to Approve The Kerala Story 2: Goes Beyond Release
On February 27, the Kerala High Court’s Division Bench, led by Justice Sushrut Arvind Dharmadhikari and Justice P V Balakrishnan, lifted a temporary ban on the film The Kerala Story 2: Goes Beyond. This decision overturned a previous ruling by a Single Judge that had halted the film’s release for 15 days, citing concerns over potential communal disharmony. The appellate court emphasized the importance of the Central Board of Film Certification’s (CBFC) role in evaluating films and asserted that courts should generally respect the certification process.
Background of the Case
The controversy surrounding *The Kerala Story 2: Goes Beyond* began when a Single Judge of the Kerala High Court issued an interim order to pause the film’s release. This decision was based on an analysis of the film’s teaser, which the judge believed could disturb communal harmony. The judge expressed concerns that the CBFC may not have thoroughly considered the film’s content under Section 5B of the Cinematograph Act, 1952. However, the Division Bench countered this argument, stating that once the CBFC has granted certification, it is presumed that the board has properly applied its expertise in reviewing the film.
The appellate court’s ruling highlighted a fundamental constitutional principle: the responsibility for maintaining public order lies with the state, not as a justification for restricting artistic expression. The judges pointed out that the petitioners had not viewed the entire film and were relying solely on teaser clips, which weakened their argument against the film’s release.
Legal Precedents Cited
In reaching its decision, the Kerala High Court referenced two significant Supreme Court rulings. The first was from the 2011 case *Prakash Jha Productions v. Union of India*, which established that states cannot prohibit the exhibition of a film that has been certified by the CBFC based on fears of potential law and order issues. The Supreme Court clarified that it is the state’s duty to maintain public order, not a reason to limit the exhibition of certified films.
The second precedent was from the 2018 case *Viacom18 Media Pvt. Ltd. v. Union of India*, which reinforced the protection of creative content under Article 19(1)(a) of the Constitution. The Supreme Court ruled that once a film is certified, it is assumed that all statutory guidelines, including those related to public order and communal harmony, have been adequately considered. Therefore, states cannot preemptively block the exhibition of films based on speculative concerns.
Implications of the Ruling
The Kerala High Court’s ruling has significant implications for the film industry and freedom of expression in India. By lifting the stay on *The Kerala Story 2: Goes Beyond*, the court has reaffirmed the importance of the CBFC’s role in the film certification process. The judges noted that the film’s producer had made modifications as directed by the CBFC, which further supported the notion that the board had conducted a thorough review.
This decision also serves as a reminder that artistic expression should not be curtailed based on unverified claims or selective interpretations of content. The court’s emphasis on the need for a complete viewing of the film before making judgments highlights the importance of context in evaluating artistic works.
Conclusion
The Kerala High Court’s decision to allow the release of *The Kerala Story 2: Goes Beyond* underscores the judiciary’s commitment to upholding freedom of expression in the face of potential censorship. By referencing landmark Supreme Court cases, the court has reinforced the principle that once a film is certified by the CBFC, it should not be subject to arbitrary bans based on speculative concerns. This ruling not only impacts the film in question but also sets a precedent for future cases involving film censorship and artistic freedom in India.
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