SC refuses plea by Muslim body against movie 'The Kerala Story'

The Supreme Court on Wednesday refused to take up a plea by Jamiat Ulama-i-Hind for a direction to incorporate a disclaimer in the movie The Kerala Story that it is a work of fiction.

A bench of Chief Justice of India D Y Chandrachud and Justice P S Narasimha declined to entertain the writ petition filed under Article 32 of the Constitution.

The bench said it cannot allow the Supreme Court to become a "super Article 226 court" (a super High Court) and entertain everything raised using Article 32 of the Constitution. Article 226 provides power to the High Courts to issue instructions or writs to government authorities.

Advocate Vrinda Grover, who appeared for the petitioner, mentioned the plea before the court. She contended that the Kerala High Court was not hearing the matter before the film's release on May 5.

Read | ‘The Kerala Story’ controversy and how it has snowballed

She claimed the movie makers were vilifying the entire community and marketing it as the truth. She further added that they do not have a disclaimer that this is a work of fiction.

Opposing the plea, senior advocate Harish Salve on behalf of the movie makers, pointed out that the Kerala High Court is already seized of the matter.

The bench asked petitioners to move Kerala High Court, which is hearing similar matters, and said the High Courts are manned by seasoned judges and the Kerala High Court judges are aware of local situations.

The counsel, representing the Muslim body, said the court may ask the High Court to hear the cases relating to the release of the film on May 4. The film is slated for release on May 5.

"We do not entertain it on this ground and we grant liberty to the petitioners to move the High Court. The High Court can take this up for early hearing,” the bench said.

On Tuesday, the Supreme Court declined to immediately hear a plea seeking a stay on the release of the controversial movie The Kerala Story.

A bench of Justices K M Joseph and B V Nagarathna had said that the censor board has already cleared the movie and the petitioners should rather challenge the film’s certification before an appropriate authority.

The petitioner claimed the movie is clearly aimed at spreading hatred and enmity between different sections of society in India.

"The message the movie imparts is that non-Muslim young women are being lured into converting to Islam by their classmates and subsequently, trafficked to West Asia where they are forced to join terrorist organisations,” it said.

The film, produced by Sunshine Pictures Private Ltd and directed by Sudipto Sen, is slated for release on Friday, May 5, 2023 in Hindi, Malayalam, Tamil and Telugu across the country.

The movie made on girls who fell victims of 'Love Jihad' and landed in Syria and Afghanistan has triggered strong reactions with demands being raised to ban it.