Certification by CBFC under Scrutiny for Alleged Disregard of Statutory Guidelines; Interim Stay Ordered
In a significant development, the Kerala High Court has intervened in the release of the controversial film "The Kerala Story 2 - Goes Beyond," issuing an interim stay on its release. The court's order comes after a petition challenged the certification granted by the Central Board of Film Certification (CBFC), alleging that the film's content denigrates the state of Kerala and promotes communal disharmony.
The petitioner, Sreedev Namboodiri, argued that the certification was granted without due consideration of statutory guidelines under Section 5B of the Cinematograph Act, 1952. The film, a sequel to the earlier "Kerala Story," allegedly portrays the state and its community in a negative light, with potential to incite communal tension and threaten public order. The petitioner also sought modifications to the film's title and content, demanding disclaimers stating the film is purely fictional.
The court, presided over by Justice Bechu Kurian Thomas, noted that the CBFC's certification appeared to have been issued without proper application of mind to the statutory guidelines concerning public order, decency, and communal harmony. The court highlighted that the CBFC failed to consider the potential impact of the film's visuals and dialogues, which could distort public perception and disrupt communal harmony.
In response to the petition, the court directed the Central Government to reconsider the revision petition filed against the certification. The court emphasized the constitutional impermissibility of content that vilifies or denigrates any community, as protected under Article 19(1)(a) of the Constitution of India.
The CBFC defended its certification, arguing that the film is a dramatised version inspired by true events and does not threaten public order. However, the court found the CBFC's assessment inadequate, citing a manifest disregard for statutory guidelines. The court also dismissed objections regarding the petitioners' locus standi, affirming their personal interest and fundamental rights violations due to defamatory portrayals.
The court's decision underscores the delicate balance between freedom of expression and the need to maintain public order and communal harmony. The interim stay on the film's release will remain in effect for 15 days, pending the Central Government's reconsideration of the revision petition.
Bottom Line:
The Kerala High Court held that the certification granted by the CBFC to the film "The Kerala Story 2 - Goes Beyond" was prima facie issued without application of mind to statutory guidelines under Section 5B of the Cinematograph Act, 1952, and directed reconsideration of the revision petition filed against the certification.
Statutory provision(s): Cinematograph Act, 1952 Section 5B, Section 6; Constitution of India, 1950 Article 19(1)(a); Kerala High Court Rules Rule 146A
Sreedev Namboodiri v. Union of India, (Kerala) : Law Finder Doc id # 2859639
