The Division Bench asserts CBFC's certification presumes adherence to guidelines, emphasizing the state's duty to maintain law and order.
In a significant ruling, the Kerala High Court has stayed the interim order that barred the release of the film "The Kerala Story 2 - Goes Beyond," a decision initially imposed by a Single Judge over concerns of potential communal disharmony. The Division Bench, comprising Justices Sushrut Arvind Dharmadhikari and P.V. Balakrishnan, emphasized the statutory presumption of adherence to guidelines once the Central Board of Film Certification (CBFC) certifies a film.
The writ appeals, filed by the film's producer Vipul Amrutlal Shah, challenged the Single Judge's order dated February 26, 2026, which stayed the film's release for 15 days. The Single Judge had based the decision on the contents of the film's teaser, suggesting it might distort public perception and disturb communal harmony.
However, the Division Bench noted that the CBFC had issued the certification after viewing the entire movie, while the petitioners had relied solely on the teaser without watching the film in full. Citing precedents from the Supreme Court, including the case of Viacom 18 Media Private Limited v. Union of India and others, the judges asserted that once the CBFC certifies a film, there is a prima facie presumption that all guidelines, including those concerning public order, have been considered.
The court further highlighted that it is the state's responsibility to maintain law and order should any issues arise from screening a certified movie. The judgment also pointed out that the CBFC had directed certain modifications to the film, reinforcing the application of mind in the certification process.
In conclusion, the Kerala High Court's decision to stay the previous order underscores the importance of upholding statutory processes and the responsibilities of both film certification authorities and state governments in maintaining societal harmony.
Bottom Line:
Cinematograph Act, 1952 - Presumption of application of guidelines by CBFC while granting certification - Once a statutory Board issues certification for a movie, it is presumed that the guidelines, including those concerning public order, have been adhered to.
Statutory provision(s): Cinematograph Act, 1952 Section 5B
Vipul Amrutlal Shah v. Freddy V Francis, (Kerala)(DB) : Law Finder Doc id # 2859793
