Breaking | Plea In Kerala High Court Against Release Of "The Kerala Story"; HC Enquires About Hearing Before Supreme Court

The Kerala High Court Tuesday sought the response of the Centre and the Producers of the film 'Kerala Story' in a writ petition filed seeking a stay on its release.  

A division bench comprising of Justice N. Nagaresh and Justice Mohammed Nias C.P has posted the matter for further consideration on 5th May. 

The court noted the submission of the petitioner that the teaser had not gotten the permission of the CBFC. However, the court in its order stated that when the teaser of the film was released as early as 03.11.2022, the petitioner should have moved the court earlier and not right before its release date on 05.05.2023. 

“We also note that at this stage, without viewing the movie, allegations need not be entertained just on the basis of the teaser.” The court said in its 2nd May order.

Advocate Kaleeswaram Raj appearing on behalf of the petitioner stated that "they say that it is inspired by true stories, which will give an indication that in Kerala, massive conversions are taking place. This is something which diminishes the dignity of the State and people as a whole. It is an insult to the state." Adv. Raj argued that the teaser is inseparable from the film and hence it cannot be said that no one has seen the film. 

The court enquired about whether the matter was pending before the Supreme Court. The bench stated that if the matter is pending before the Apex Court, it would not be right for the High Court to interfere.

The Supreme Court today had expressed disinclination to consider an interlocutory application challenging the release of movie. A bench comprising Justices KM Joseph and BV Nagarathna observed that challenging the release of a movie through an interlocutory application is not an appropriate remedy.

Adv. Raj informed the court today that his plea was moved before the observations made by the Supreme Court. He also stated that the requirements orally suggested by the SC have been met by him. 'This is not an IA but properly constituted writ' Adv. Raj submitted.

The Court remarked that the film was merely a piece of art and that the same could not be mixed with hate speech, to which Adv. Raj responded 'If this Court feels this is not hate speech, nothing else would be'.

The court also asked the petitioner, if the court would be giving the film more publicity by entertaining such pleas. "I don't know what is so big about this. After all, it is a story", Justice Nagaresh remarked. 

Advocate Ameet Naik appearing for the Director of the film argued that the Censor Board, after applying its mind granted the certificate on 24th April 2023.  

Sr. Adv S Sreekumar, Adv Thomas Anakallunkal and Adv. Vijay V Paul appeared on behalf of Sunshine pictures Pvt. Ltd, the producers of the film.

The film claims to be based on true events that took place in the state of Kerala, where Hindu and Christian girls were trapped in "Love Jihad," and converted to Islam and sent on missions to Syria, Iraq, and Afghanistan on behalf of ISIS. The movie is about the journey of four college-going females from Kerala who end up joining the Islamic State.

The plea was moved by the state office bearer of an NGO by the name of Rajiv Gandhi Study Circle which claims to be ‘contributing to awakening the consciousness of the masses on socially relevant issues’. The petitioner has sought for a stay on release of `Kerala Story', which is set to release on 5th May 2023. The petitioner has also prayed for removal all incorrect and unverified statements and scenes derogatory to the Muslim community and to the State of Kerala, from the film as it is now intended to be showcased.

While the movie "The Kerala Story" purports to be based on factual events, the statements made in the teaser and trailer of the film are significantly different from reality, the petitioner contends. The teaser includes incorrect data that claims 32,000 women from Kerala were converted, radicalized, and sent on terrorist missions. 

"The State of Kerala is known for its communal harmony and secular outlook. The release of the movie will only disrupt and destroy the secular fabric of the State. The movie deliberately paints the State of Kerala in a negative light. A mere perusal of the teaser and trailer will substantiate the fact that the movie has the proclivity and potentiality to disturb public order, decency and morality, particularly women and the Muslim community." the petitioner has contended in his plea. 

The petitioner stated in his plea that the film paints Kerala in a negative light and that the release of the movie will hurt the religious sentiments of the Muslim community and destroy the secular fabric of the state. The sole purpose of releasing the movie is to spread hate propaganda and to create a negative impact on the Muslim community, specifically in Kerala, and the general public, the .

"The present movie and all associated materials, including the teaser and the trailer constitute hate speech against the Muslim community. Moreover, since the title of the movie itself contains the name of the state i.e. `The Kerala Story', the movie results in spreading hate propaganda against the State." the plea states. 

Another petition has also been filed by Thamanna Sulthana, a post graduate in law and the President of Girls Islamic Organization. In the said plea moved through Advocate Rakesh K., Sulthana has averred that the law and order situation in Kerala is impeccable and harmonious, and added that,

"....it is in such a context, with an intention to malign the mindset of the general public, a movie like 'Kerala Story' is being released and the same has got serious detriment insofar as the maintenance of law and order is concerned". 

When the plea was mentioned by Advocate Rakesh before the Court today that the same had not been numbered, the Court directed the plea to be tagged along with the present case, and added that it would be considered along with the present plea on May 5, 2023. 

The film directed by Sudipto Sen and produced by Vipul Amrutlal Shah has attracted controversy for making claims that nearly 32,000 women from Kerala were converted through deceit into Islam and forced to join ISIS. Kerala Chief Minister Pinarayi Vijayan, the ruling party of the state CPI(M) and the opposition Congress have come out against the movie, saying that it was peddling false propaganda to create communal hatred and to portray the state in a bad light.

Case Title: Adv Anoop V.R V State of Kerala 

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