'The Kerala Story': SC declines third attempt to stall movie release

'We must be very careful in staying any film. Let the market decide if it is not up to the mark,' the bench said

The Supreme Court on Thursday rejected a fresh attempt to stall release of the film The Kerala Story on May 5, while saying that it must also be considered that a filmmaker invests a lot of money and time in making a film and actors also put in a lot of work.

"We must be very careful in staying any film. Let the market decide if it is not up to the mark," it said.

This is the third time in last three days that the top court declined to consider a plea on the controversial movie.

A bench of Chief Justice of India D Y Chandrachud and Justices P S Narasimha and J B Pardiwala rejected a plea by senior journalist Qurban Ali, who earlier filed a PIL on hate speech, against the certificate issued to the movie.

Also Read | Kerala theatres concerned over screening 'The Kerala Story'

The bench told senior advocate Huzefa Ahmadi, appearing for the petitioner that a film maker invested a lot of money and time in making the film and also the actors put in a lot of work.

Before rushing to the court against the film, a thought should be given about the filmmaker and actors and how many times will this be challenged, the bench said.

Among other factors, the bench further said the CBFC has released the film; and the Kerala High Court declined to stay the film.

The bench also pointed on Wednesday only, it had said the court was not going to entertain a petition under Article 32 of the Constitution.

"After all this, and now for us to hear an application like this is not proper,” the bench said.

The bench also reminded the counsel look at the filmmaker, he cannot be made to face courts for the release of his film.

It further said the Kerala High Court had applied its mind while refusing interim relief of staying the film release.

Ahmadi submitted that a letter was sent to the acting Chief Justice of Kerala High Court, who said that a bench has been constituted.

The registry later informed the petitioner that the bench will not hold sitting on Thursday and also the Kerala High Court is on summer vacation, Ahmadi said.

However, the apex court refused to entertain the plea against the movie.

It was also pointed out a plea has been moved before the Madras High Court.

The bench noted that the petitioner initially tried to challenge the release of the film through an interlocutory application in a pending hate speech case, which was turned down by another bench.

Ahmadi then asked the court to allow him to argue his case in the court before the release of the film.

The bench, however, asked the counsel to work out remedies before the high court.

On Wednesday, the court had 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.

Earlier on Tuesday, the court declined to immediately hear a plea seeking a stay on the release of the movie.

The film, produced by Sunshine Pictures Private Ltd and directed by Sudipto Sen, is slated for release on Friday, May 05, 2023 in Hindi, Malayalam, Tamil and Telugu across the country.