Kochi: The Kerala High Court on Thursday granted an interim stay on the release of the film “The Kerala Story 2 – Goes Beyond”, observing that prima facie there appeared to be non-application of mind by the censor board while certifying the movie.
Justice Bechu Kurian Thomas passed the interim order while considering two petitions challenging the film’s release. The movie had been scheduled for theatrical release on February 27.
In its order, the court noted that the guidelines intended to ensure that a film does not disrupt social harmony did not appear to have been properly adhered to by the Central Board of Film Certification (CBFC).
Court’s prima facie observations
During the hearing, the petitioners raised concerns regarding the content of the film and its potential impact on public order and communal harmony. They contended that the certification granted to the film required closer judicial scrutiny in light of the applicable statutory guidelines.
The court, while granting the interim stay, observed that at first glance there appeared to be a lack of due consideration by the CBFC in granting certification. The judge remarked that the material placed before the court indicated that certain mandatory guidelines may not have been fully examined.
The interim stay effectively halts the film’s release until further orders. The matter has been posted for further hearing, during which the court is expected to examine the records relating to certification and hear detailed arguments from all parties.
Film was slated for February 27 release
“The Kerala Story 2 – Goes Beyond” was slated for release across theatres on February 27. Promotional activities for the film had been under way in recent weeks.
The petitions challenging the release reportedly argued that the film could adversely affect social harmony and sought judicial intervention to prevent its screening until compliance with certification norms was ensured.
The court’s reference to the guidelines relates to provisions under the Cinematograph Act and related rules, which require the CBFC to ensure that certified films do not undermine public order, decency or communal harmony.
Next course of action
With the interim stay in place, the film’s release remains suspended pending further consideration by the High Court. The CBFC and the film’s producers are expected to place their responses on record in the coming proceedings.
Legal observers note that courts generally exercise restraint in matters of film certification, intervening only when there are substantial concerns regarding statutory compliance or constitutional principles.
The interim order underscores the judiciary’s role in reviewing administrative decisions where allegations of procedural lapses are raised. The final outcome will depend on the court’s detailed examination of the certification process and the content in question.
Further updates are awaited as the case progresses before the Kerala High Court.