'Must Be Very Careful In Staying Films, Market Will Decide If It's Not Upto Mark': Supreme Court Refuses To Entertain Plea Against "The Kerala Story"

The Supreme Court on Thursday again refused to entertain a plea against the controversial movie "The Kerala Story".

Senior Advocate Huzefa Ahmadi mentioned the matter before Chief Justice of India DY Chandrachud saying that the Kerala High Court refused to constitute a bench today to hear the matter, despite the Supreme Court yesterday allowing the petitioners to seek urgent hearing before the scheduled date of release of the film, May 5. Ahmadi submitted that a letter was sent to the Acting Chief Justice of Kerala High Court, who in turn said that a bench has been constituted. However, the registry later informed the petitioners that the bench will not hold its sitting today. He further informed that the Kerala High Court is on summer vacation.

However, CJI DY Chandrachud refused to entertain the request and asked the petitioner to move the High Court again. CJI also noted that the High Court has already passed a detailed order on May 2 to decline interim stay of the movie, in view of the certification granted by the Central Board of Film Certification.

"The bench applied its mind. Look at it from the perspective of the film producer. How many times will this be challenged?", CJI asked.

"You can go back to the High Court", CJI told Ahmadi. 

CJI also observed that a "contrived urgency" has been created as the petitioner did not avail the proper remedy at the right time. CJI pointed out that the petitioner initially sought to challenge the certificate in an interlocutory application(IA) in a pending hate speech case, which was turned down by another bench.

Ahmadi agreed that moving the IA was a mistake and said "a thousand pardon for that". But he requested to have at least a hearing in the Court before the release of the movie.

Unmoved, the CJI asked the petitioner to work out the remedies before the High Court.  "You must think of the actors, producer- they have all put their labour. You must be very careful about staying films. The market will decide if it is not up to the mark", CJI said.

Justice Pardiwala weighed in by saying, "You appear before the High Court bench tomorrow at 10.15 AM. Try to convince the bench".

But Ahmadi said that it was not a normal movie and requested the bench to at least see the transcript of the teaser, which was very "disturbing". However, the bench flatly refused to do so, saying that they are not seized of the movie.

"The CBFC has approved the movie. The Kerala High Court has refused to stay the movie. Yesterday, we declined to entertain the Article 32 petition. Now at this stage, we can't entertain the matter again", CJI said.

Repeating that the petitioner should approach the High Court, the CJI added that High Court was not subordinate to the Supreme Court and hence no direction can be issued to it to hear the matter at a particular time.