The Union Government has appealed the Kerala High Court’s decision quashing the CBFC’s A-certificate and mandated cuts for the Malayalam film Haal. The Division Bench is examining the maintainability of the filmmaker’s earlier writ petition while also addressing the absence of High Court rules for such appeals
Still from Haal
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The row around the certification of the Malayalam film Haal intensifies. After the Kerala High Court announced its verdict on the censor row of the Shane Nigam-starrer, the Union Government has challenged it. On Thursday, Centre filed an appeal before the Kerala High Court challenging its single bench judgment that quashed the 'A' certificate and mandated cuts imposed on the Malayalam film.
Centre challenges court order
The Union Government has filed the appeal along with the Regional Officer, Chairman and Revising Committee of the Central Board of Film Certification (CBFC). In its plea, the Centre argued that the Single Bench should not have entertained the filmmaker's petition under Article 226 of the Constitution in the presence of a statutory appeal mechanism available under the Cinematograph Act.
The government maintained that the CBFC's A-certificate was justified, given the "overall impact" of the film and its portrayal of interfaith relationships. According to the appeal, the theme and treatment of the subject required mature audiences.
HC highlights lack of guidelines
A Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice P.V. Balakrishnan took up both appeals together on Thursday.
The Centre raised the maintainability objection, contending that the writ petition itself ought not to have been admitted. The Bench observed that the absence of specific High Court Rules governing appeals from CBFC orders had created a procedural vacuum.
"There must be some provision in the Rules of the High Court... Since there is no provision and Rules have not been framed, the only remedy available is under Article 226," the Bench said orally.
The judges indicated that they would direct the Registrar General to take steps to frame rules and set a nomenclature for such appeals so that future challenges to CBFC decisions can be properly entertained.
A detailed hearing, however, was postponed after counsel for the filmmakers sought adjournment.
On Thursday, Justice Dharmadhikari remarked in open court, "We saw the movie yesterday. I enjoyed it. I understood at least 50 per cent, because of the subtitles."
The matter will be taken up again on December 8.
What the CBFC demanded
The CBFC directed producer Juby Thomas to implement several cuts before certifying Haal. These include removing a song where Maria uses Muslim attire to hide her identity, deleting scenes stereotyping communities, and dropping dialogues referencing Kannadigas and those affecting Christian sentiments. The Board also sought removal of court-related documents, and dialogues or visuals seen as derogatory to cultural organisations, including references to "dhwaj pranam," "Ganapathi vattam," and "sangham kavalund." It further demanded deletion of beef biriyani scenes and blurring of Rakhi visuals. Challenging the order, the filmmakers approached the High Court, arguing the cuts undermine the film's narrative and artistic freedom.
