'Potential to disturb communal harmony': Kerala HC issues interim stay on release of 'The Kerala Story 2 - Goes Beyond'

Thiruvananthapuram: The Kerala High Court on Thursday issued an interim stay on the release of the controversial film The Kerala Story 2 - Goes Beyond, which was scheduled for Friday.

Justice Bechu Kurian Thomas, who passed the order on two pleas challenging the release of the film, observed that the content in the teaser itself has the prima facie potential to distort the public perception and disturb communal harmony.

"There can be a possibility that Kerala, otherwise known for its communal harmony and friendly natives, be identified by viewers across the world as a hub of fanatical and communal divide," the court maintained.

"The court also observed that prima facie there is non-application of mind by the censor board while certifying the movie. The guidelines for ensuring a film does not disrupt social harmony appear not to have been adhered to by the Central Board of Film Certification (CBFC). There is a manifest disregard of the applicable law," it said.

"Dissemination of content, which has a tendency to create discord, disturb law and order, even undermine social harmony, cannot come within the gamut of freedom of speech and expression enshrined in Article 19(1)(a) of the Constitution of India. Prima facie, these guidelines do not seem to have been borne in mind by the CBFC while granting certification," the order said.

The court directed the central government to consider and pass orders within two weeks from Thursday by giving an opportunity of hearing to the petitioner, CBFC and the producer.

Apart from the plea for quashing the CBFC certificate granted to the film, the petitioners had also sought modifications of the film's title. The petitioners alleged that the film was certified without due compliance with the statutory requirements under the Cinematograph Act, 1952.

Kerala already witnessed strong resistance against the film, with Chief Minister Pinarayi Vijayan even terming it as 'poisonous creations' and made a call for rejecting it. Congress leaders also strongly reacted to the film, which is about 'love jihad'.

The Kerala Story released in 2023 had also triggered a major row over exaggerated narratives with regard to women being recruited by ISIS from the state. The film was released after removing certain controversial portions.

(With agency inputs)