the release of The Kerala Story 2 – Goes Beyond The legal hurdle arose on Thursday after the Kerala High Court called a special evening sitting to hear an urgent appeal filed by the film’s makers. The appeal was filed after a single-judge bench stayed the release of the film during the day for 15 days and directed the Central Board of Film Certification (CBFC) to investigate the complaints raised against it.
Kerala HC division bench hears appeal against ban on The Kerala Story 2; decision reserved
Why did the appeal start?
At around 2.30 pm, Justice Bechu Kurian Thomas passed an interim order staying the release of the film, while asking the CBFC to consider the review petitions filed by the objectors within two weeks. The judge said that prima facie it appears that discretion was not exercised by the CBFC while granting the certification.
However, the film is scheduled for release on Friday, including in international markets, prompting the producers to demand immediate relief.
Division Bench raised questions on the process
A division bench of Justice SA Dharmadhikari and Justice PV Balakrishnan assembled at 7.30 pm and heard arguments for about two hours before reserving its verdict.
During the hearing, the bench raised concerns over whether the single judge had jurisdiction to hear the case. “Any order passed by any bench outside the jurisdiction will automatically be quashed,” the bench remarked. Justice Dharmadhikari also said that the proceedings appeared to have been conducted in haste, adding that “nobody had time to apply their mind.”
Producers cite free expression and financial losses
Senior advocate Neeraj Kishan Kaul, appearing for the producers, argued that the single-judge order does not clearly state how the CBFC’s certification was “manifestly arbitrary”. He said that the court should not substitute its view with that of an expert body that has already examined the film.
Kaul argued that portraying a social evil within a section of society does not amount to defaming the entire state or religion. He also highlighted the commercial implications of the ban, stating that the film was scheduled to release in over 1,500 theaters in India and hundreds of theaters abroad. According to him, delaying the release could lead to financial losses and increase the risk of piracy.
The producers’ counsel further argued that the suffix “Goes Beyond” of the title indicates that the story is not limited to Kerala only.
Petitioners expressed concern over communal harmony
The petitions challenging the film have argued that the sequel misrepresents Kerala and could incite communal disharmony. A petitioner objected to the concluding line of the teaser, arguing that it could be interpreted as a call for confrontation. Another challenged the use of the word “Kerala” in the title, claiming that it wrongly associates the state with terrorism and forced conversions.
The counsel appearing for one of the petitioners said the petition is not a public interest litigation but a personal grievance relating to reputation and identity. It was argued that portraying the state in a negative light could influence Malayalees, especially those living and working outside Kerala.
The petitioners also cited the dispute regarding the first installment. story of keralaWhich had to face legal challenges over its claims and promotional materials.
what happens next?
The Division Bench has reserved its decision on the appeal of the manufacturers. Until a decision is pronounced, the 15-day stay imposed by the single judge remains in place, leaving the film’s scheduled release in uncertainty.
The case is now set for a crucial decision that will determine whether the sequel will hit theaters as planned or be put on hold pending further review.
