The Kerala High Court on Tuesday heard arguments in The Kerala Story 2 row, with the court flagging concerns over the film’s claims and title, even as multiple legal questions around maintainability and jurisdiction were raised.
Justice Bechu Kurian Thomas noted that he was willing to watch the film, while pointing to prima facie concerns regarding the claim that it is inspired by “true events” and the use of “Kerala” in the title. Advocate Sreerag Shylan, appearing for petitioner Freddy V Francis, began his submissions as the hearing got underway.
As per Bar and Bench, during the proceedings, the CBFC counsel submitted, “No role Your Lordship. If it is a video on the internet, we have no jurisdiction, but the petitioners can raise objection through alternative remedy before the authority.” Justice Thomas, however, raised concerns about the timing of such remedies, saying, “You can prefer a revision only after watching the film, by then it becomes redundant. The damage may already be done by then.”
He also referred to the issue of screening, stating, “I had asked about screening but you were not keen on it, that is why I asked whether the screenshots are actually in the film.” The CBFC counsel argued, “Petitioners allege Kerala is maligned, but that cannot be determined at this stage.” To this, Justice Thomas responded, “Kerala may be maligned depending on the content, it is being stated that ‘Sharia law will be implemented all over’.”
The CBFC counsel further added, “The statements relied on by petitioners may be made by villainous characters in the film, would that amount to maligning the entire State?” Senior counsel S Sreekumar, appearing for the producer Sunshine Pictures, then began his submissions and questioned the nature of the petition. He said, “What does the writ petition itself represent? The petitioner says he came across the teaser of The Kerala Story 2 and is severely aggrieved by it.” He continued, “Whether this is a writ petition filed by the aggrieved party or a public interest litigation is the main question,” and further argued on maintainability: “If the grievance is on behalf of the people of the state or country, what is the remedy? Also can this Court entertain it?”
The senior counsel added, “The petitioners may have personal grievance but that doesn’t mean this is a private litigation.” He also stated, “The petitioner is not a directly aggrieved person by the certification; the grievance relates to the title affecting people of Kerala generally,” while questioning whether, as per the roster, the court could hear the writ petition.
Responding to this, Justice Thomas said, “If it is beyond the roster, it certainly cannot be entertained but one has to go by the pleadings to decide whether a person has the locus standi.” As the hearing progressed, the senior counsel informed the court, “The movie and its overseas rights are already sold. The movie is to release on February 27. If your lordship may reserve the matter for orders I will conclude my arguments.”
Justice Thomas then said, “Then I will state until the hearing is complete, don’t release it till the arguments are over.” He added, “Don’t make the matter infructuous. Without the Court’s decision, the apprehension expressed by the petitioners is probably genuine.”
However, the hearing could not continue further. Justice Thomas stated, “I can’t continue the hearing today I will hear you tomorrow morning senior counsel.”
During the proceedings, the CBFC counsel also said that the revising committee could look into the grievance. Advocate Hegde objected, stating, “This is only to subvert the rights of the petitioner.”
Advocate Shylan reiterated, “My representation and locus have not been objected to or challenged by the producers.” The court directed that the hearing would continue the next morning, with Justice Thomas saying, “Hearing will continue tomorrow morning and counsel to submit any additional documents.” The Kerala Story was originally slated for release on February 27.
The matter is scheduled to be taken up at 9.45 am.
Also read: Kerala High Court asks for The Kerala Story 2 screening, says ‘will watch’ film before decision
