Kerala HC Orders CBFC to Re-Watch The Kerala Story 2, Calls Certification Process Legally Flawed

Hours before its scheduled release, The Kerala Story 2 faced legal hurdles as the Kerala High Court granted a stay on the film’s release, citing concerns over the Central Board of Film Certification’s (CBFC) adherence to guidelines on social harmony. The court also pulled up the CBFC for what it called a “manifest disregard of the applicable law” while certifying the movie U/A.

Justice Bechu Kurian Thomas, in an interim order, said that prima facie there was a “non-application of mind” by the censor board when certifying the film. The court noted that guidelines designed to ensure a movie does not disrupt social harmony appeared not to have been followed. “Prima facie, these guidelines do not seem to have been borne in mind by the CBFC while granting certification, and there is a manifest disregard of the applicable law, necessitating this court to interfere,” the order stated.

The High Court observed that dissemination of content with the potential to create discord, disturb law and order, or undermine social harmony cannot be considered protected under the ambit of freedom of speech. The stay was issued on two pleas challenging the film’s release, highlighting the legal responsibility of the Censor Board to balance creative freedom with public order considerations.

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The court directed the central government to consider a revision petition against the film’s certification and pass orders within two weeks, asking the CBFC to re-watch the film before issuing any final decision. The ruling emphasises the judiciary’s role in ensuring that certification norms are applied in accordance with law, especially in cases involving sensitive social content.

Following the single judge’s order, a division bench of justices Sushrut Arvind Dharmadhikari and P V Balakrishnan heard an appeal against the interim stay and reserved its verdict. The bench observed that the pleas opposing the film’s certification were in the nature of public interest litigation (PIL) and questioned whether the single judge was empowered to hear them. No further interim relief was granted at this stage.

Directed by Kamakhya Narayan Singh and produced by Vipul Amrutlal Shah, The Kerala Story 2 stars Ulka Gupta, Aditi Bhatia, and Aishwarya Ojha. With the legal uncertainty surrounding its release, the film’s fate remains undecided, leaving audiences and cinema chains in a state of confusion over its screening schedule.

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