Kerala High Court Rejects Writ Petition Seeking Stay on 'The Kerala Story' Movie Release

The High Court of Kerala at Ernakulam has rejected a writ petition seeking to suspend the circulation of teaser and trailer of a movie called 'The Kerala Story' and to prohibit its exhibition. The petitioner had alleged that the movie contained derogatory remarks against a community and was based on incorrect and unverified facts, and its release would disrupt and destroy the secular fabric of society.

However, the court found that a competent statutory body, the Central Board of Film Certification, had examined the movie and found it suitable for public exhibition, after examining the movie in the context of the guidelines prescribed. The court further noted that the trailers did not contain anything offensive to any particular community as a whole.

The court also took note of the fact that the producers had published a disclaimer along with the movie, which specifically stated that the film had been fictionalized and was a dramatized version of events. The film does not claim accuracy or factuality of historic events. In view of the above, the court declined to pass an interim order restraining the respondents from exhibiting the film.

The court admitted the writ petitions and allowed the petitioners to prosecute their complaints before the relevant authorities. In one of the writ petitions, the petitioner had filed a complaint invoking Rule 32 of the Cinematograph (Certification) Rules before the Board. The court made it clear that the petitioner will be at liberty to prosecute the said complaint.

The bench comprising N. Nagaresh and Sophy Thomas, JJ. passed the order on May 5, 2023, after hearing the arguments of the learned counsel on either side.

THAMANNA SULTHANA

Versus

UOI ETC.

D.D.05 MAY 2023

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