Court

SC refuses to entertain pleas against movie "The Kerala Story", asks petitioners to approach HC

The Supreme Court on Wednesday refused to entertain petitions against the controversial Hindi film, 'The Kerala Story', including the one filed by 'Jamiat Ulama-I-Hind', against its release

New Delhi | The Supreme Court on Wednesday refused to entertain petitions against the controversial Hindi film, 'The Kerala Story', including the one filed by 'Jamiat Ulama-I-Hind', against its release over apprehensions that it may cause hatred and enmity in society, and asked the petitioners to approach the appropriate high court.

The film on alleged radicalisation and conversion of young Hindu women to Islam in Kerala, before inducting them into terrorist outfit Islamic State (IS), is scheduled for release on May 5.

The pleas, including the one which sought a limited relief that a disclaimer should be made in the title of the film to the effect that it is a work of fiction, was mentioned for urgent listing before a bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha.

The bench, which took the plea on board, observed the Article 32 petition can't be raised in every case and seasoned judges are manning the high court who are aware of the local circumstances.

Article 32 gives Indian citizens the right to seek constitutional remedy from the Supreme Court if they have been deprived of their fundamental rights.

"The relief which has been sought under Article 32 can well be pursued in appropriate proceedings before the high court under Article 226 of the Constitution. Hence, we are not inclined to entertain the petition on that ground, but, leave it open to the petitioner to move the appropriate high court," the bench said.

Article 226 of the Constitution deals with power of the high courts to issue certain writs. "In the event that the high court is moved and since it is stated that the film is stated to be due for release on May 5, 2023, the high court may consider the request or early listing," the top court said while disposing of the plea.

One of the petitions was filed in the apex court by 'Jamiat Ulama-I-Hind', which sought a direction to the Centre and the Central Board of Film Certification (CBFC) to not allow the screening and release of the movie in theatres and on OTT platforms.

The 'Jamiat Ulama-I-Hind' said the film is likely to cause "hatred" and "enmity between different sections of society" in the country.

During the hearing, the bench was told that another petition has been filed in the Kerala High Court against the movie and it is listed for hearing on May 5, the day the film is scheduled for release pan India.

"Seasoned judges are manning the high court. They are aware of local circumstances. Why should we become a super (Article) 226 court?" the CJI observed.

Advocate Vrinda Grover, who mentioned the matter for one of the petitioners, said the petitioner is seeking urgent listing of its plea on Thursday.

She referred to the trailer of the movie and said it vilifies a particular community and they don't even have a disclaimer that this is a work of fiction.

"Harish Salve, senior counsel appearing on behalf of the fourth respondent, with Ameet Naik, is not agreeable to the suggestion of the petitioner in regard to the introduction of a disclaimer," the bench noted in its order.

Another lawyers mentioned separate pleas concerning the movie for urgent listing.

While asking the petitioners to approach the high court, the bench observed high courts have absolute control over such issues and they can grant relief sought by the petitioners.

Regarding the other petitions mentioned before it, the bench said since the matter pertains to the same film, the pleas are disposed of by granting liberty to the petitioners to move the jurisdictional high court.

A public interest litigation (PIL) was moved in the Kerala High Court on Tuesday against certain statements in the teaser and trailer of the film. It sought setting aside the certificate for public display given to the movie by the censor board.

The high court had, after hearing brief arguments, listed the matter for hearing on May 5.

It had also given time to the counsel appearing for the Centre and the censor board to obtain the CBFC's stand on the plea before the next date of hearing.

The petitioner, in the PIL before the high court, has urged the court to direct the movie's director Sudipto Sen, its producer Vipul Amrutlal Shah and the production company Sunshine Pictures to redact or remove, prior to the film's release, certain statements, particularly the ones that say that the film was inspired by true stories and that 32,000 women from Kerala were converted to Islam and joined the Islamic State (IS).

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