Supreme Court Closes Kerala Story Pleas, Leaves Broader Film Certification Questions Open

The Supreme Court on Friday disposed of petitions challenging the Central Board of Film Certification (CBFC) approval granted to The Kerala Story, observing that the pleas had become infructuous with the passage of time. The Chief Justice of India Surya Kant-led bench dealt with two petitions seeking cancellation of the film’s certification, while a separate plea filed by the movie’s producers challenging a West Bengal ban was withdrawn. The bench, comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana, was hearing several cases that had either been filed during the COVID-19 period or had subsequently become infructuous.

In the two matters concerning The Kerala Story, the petitioners had sought to challenge the certification granted by the CBFC and called for action against the film. The court, however, concluded that the petitions could no longer be pursued in their existing form because the film had already been released. The decision does not amount to a substantive ruling on the broader legal questions surrounding challenges to CBFC certification. Advocate Nizam Pasha, appearing for petitioners Qurban Ali and B R Aravindakshan, told the court that the issues raised by his clients continued to survive despite the film having already been released.

The Supreme Court nevertheless treated the petitions as infructuous, leaving the larger question concerning the legal scope and timing of challenges to certification open. The Kerala Story, released in 2023, became the subject of multiple legal disputes even before and after its theatrical release. Several petitions were filed seeking cancellation of its CBFC certification, while others challenged restrictions imposed on the film by state authorities. The movie generated significant political and public controversy over its portrayal of women from Kerala and claims surrounding their alleged recruitment into the Islamic State.

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Critics had questioned aspects of its narrative and sought legal intervention over its release. A separate petition filed by Sunshine Pictures Pvt Ltd and producer Vipul Amritlal Shah was also before the court. That plea challenged the decision of the then West Bengal government to ban the film. The producers subsequently withdrew the petition.

The Supreme Court had earlier intervened in the matter in May 2023 by staying the West Bengal government's ban, allowing the film to be screened in the state subject to the court’s directions. The litigation surrounding the movie illustrates the different legal questions that can arise around the release of a certified film, including the authority of governments to restrict screenings and the extent to which a film’s certification can be challenged after approval by the statutory censoring body.

While the Supreme Court had previously considered state-level restrictions on the film, Friday’s order focused on the petitions seeking cancellation of its CBFC certification. By disposing of the two certification-related pleas as infructuous, the Supreme Court did not decide whether the allegations raised by the petitioners were legally valid or whether the CBFC certification itself was properly granted.

The court also did not close the door on broader legal questions concerning challenges to certification. With the film already released and the specific proceedings considered no longer live, those questions remain open for consideration in an appropriate future case.

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