The Kerala Story : Kerala High Court Allows Petitioners To Pursue Their Complaints Before CBFC Against Film

While refusing to stay the exhibition of "The Kerala Story" movie, the Kerala High Court on Friday granted liberty to two of the petitioners to pursue the complaint filed before the Central Board of Film Certification (CBFC) against the controversial film.

The Division Bench of Justice N. Nagaresh and Justice Sophy Thomas, taking note that one of the petitioners represented by Advocate P.K. Ibrahim in WP(C) 15303/ 2023 had already filed a complaint invoking Rule 32 of The Cinematograph (Certification) Rules,1983, before the Board, observed that, 

"....the petitioner will be at liberty to prosecute said complaint". 

Advocate Kaleeswaram Raj, appearing for another petitioner named Anoop VR, also informed the bench that he has also filed a similar complaint. The bench said that he is also at liberty to prosecute the complaint. 

Rule 32 of the Rules, 1983 provides for 're-examination of certified films' upon complaints being received by the  Board.  Anoop VR, in his complaint filed before the CBFC, said that the film is based on baseless and factually erroneous claims and has the effect of humiliating the State and demonising a community.

The Bench today recorded the submission of the producer that the teaser of the movie, which claimed that over 32,000 women from Kerala were recruited to ISIS, would be removed from their social media accounts.

While declining interim relief against the movie, the bench noted that the CBFC had certified the film for public viewing. The bench also watched the trailer of the film and opined that there was nothing offensive to any particular community in it. The bench further observed that a disclaimer had been added that it was a fictionalized version of the events, and also took note that none of the petitioners had even watched the movie. 

 Click here to read the order