The Kerala High Court on Tuesday heard the plea against The Kerala Story 2, wherein it questioned the CBFC over the U/A certificate granted to the film. Following reports of the producers taking down the earlier released teaser and trailer, the makers clarified that theyhad not deleted any content
The Kerala Story 2
The Kerala High Court, while hearing the plea against The Kerala Story 2 on Tuesday, questioned the Central Board of Film Certification (CBFC) over the U/A certification granted to the film. Meanwhile, the council appearing for the producers agreed to take down the teaser and trailer of the film, which they later retracted.
Kerala HC questions CBFC over The Kerala Story 2's certification
The Court said that it will watch the movie to decide the three petitions which have sought a stay on the film's release as well as the cancellation of its certification over concerns that it may cause communal strife. Justice Bechu Kurian Thomas, who was hearing the plea, emphasised that the CBFC has an important role to play when the movie shows a secular state like Kerala through a communal lens.
"Kerala is so secular. It lives with total harmony, but have you considered this when something is portrayed as happening all over the state? There is a wrong indication and can even incite passion and that is when the censor board (CBFC) comes in picture", the Justice said. The judge further observed that the film claims to be based on true events, and thus the concerns raised by the petitioners regarding misrepresentation and inciting communal tensions were justified.
"The film is projected as being inspired by true events and that, prima facie shows that the concerns raised by the petitioners appear to have some justification", Justice Thomas further said. He also orally remarked that given the fact that the name of the State is included in the title of the film, the concerns of the people of Kerala cannot be ignored.
"Apprehensions of people in Kerala cannot be ignored because you have given the name Kerala. Normally, I do not interfere with any movie because it is a creation of an art but then you say it is inspired by true events and named it Kerala, which can create some communal tension", Justice Thomas noted. The judge also questioned whether the film complies with notifications issued by the CBFC itself which bans visuals or words contemptuous of racial, religious, and other similar groups.
"See freedom of creativity is there but there are certain conditions by the CBFC to be followed. Question is are you aware of that. Presumption can be reversed by the movie itself but this is not just creation, you say it is inspired by true events. That has great bearing," Justice Thomas said.
Producer agree to take down the teaser
Meanwhile, Senior Advocate S Sreekumar, appearing on behalf of the producers, agreed to take down the teasers that have been released thus far, until the Court passes its verdict. Prior to lunch, the counsel also said that a screening could also be arranged so that Justice Kurian could watch the film before deciding the case.
The judge responded saying that he will watch the movie tomorrow. "I don’t want to interfere with the artistic expression but the law and guidelines laid down indicate certain restrictions when it comes to religious matters," he said.
However, when the case resumed after the lunch time, Sreekumar, submitted that the Court should first decide whether the petitions before the Court are in the nature of a public interest litigation or private litigation.
"You are not keen that the Court should watch the movie. You want the issue to be decided on whether this petition is a private litigation or a public litigation," the judge remarked.
Later on Tuesday, the makers clarified that they had not taken down the teaser and trailer. An official statement from the makers read, "Sunshine Pictures would like to categorically clarify that the news currently circulating regarding the removal of The Kerala Story 2 – Goes Beyond teaser is completely false, baseless, and misleading. The matter is presently sub judice. No judgment or order has been passed by any court directing the removal of any content. We have not deleted or taken down any material. Both the teaser and the trailer of The Kerala Story 2 – Goes Beyond continue to remain available across all our official platforms. We strongly urge media houses, digital platforms, and individuals to refrain from spreading unverified information and speculative reports. Such misinformation only creates unnecessary confusion."
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