Kerala High Court Division Bench Reserves Verdict on Plea to Lift Stay on “The Kerala Story 2”

The Kerala High Court on Thursday night conducted an urgent hearing on an appeal filed by the producers of the film The Kerala Story 2: Goes Beyond, challenging a single-judge order that stayed the film’s release.

Earlier in the day, a Single Judge of the Kerala High Court had granted an interim stay on the release of the film for a limited period. The order was passed while hearing petitions that questioned the certification granted to the film and raised concerns about its potential impact on communal harmony.

The producers immediately moved an appeal before a Division Bench of the High Court. The Bench, comprising Justice Sushrut Arvind Dharmadhikari and Justice P.V. Balakrishnan, assembled in the evening to hear the matter urgently in view of the film’s scheduled release.

Background of the Dispute
The controversy centers around the certification issued by the Central Board of Film Certification (CBFC). Petitioners had argued that the film’s title and subject matter could portray the State of Kerala in a negative light and potentially create social disharmony. They also contended that the certification process allegedly lacked adequate scrutiny.

In response, counsel for the film’s producers argued that the CBFC had granted certification after due consideration and that judicial interference at the last minute would cause significant financial and reputational harm. The producers further submitted that freedom of speech and expression under Article 19(1)(a) of the Constitution protects cinematic expression, subject only to reasonable restrictions.

Observations During the Hearing
During the appellate hearing, the Division Bench examined whether the Single Judge’s interim order was warranted at such a late stage. The Bench considered issues relating to maintainability, judicial discipline, and the scope of interference once a statutory authority like the CBFC has granted certification.

Both sides were heard at length. The State and petitioners maintained that courts are empowered to intervene where public order concerns arise. The producers countered that pre-release restraint amounts to prior censorship beyond statutory limits.

Verdict Reserved
After hearing detailed arguments, the Division Bench reserved its judgment. The interim stay granted earlier continues to operate until further orders.

The decision of the Division Bench is expected to clarify the balance between artistic freedom and judicial oversight in matters involving certified films. The outcome may also have implications for future challenges to CBFC approvals.

Discription: The Kerala High Court conducted an urgent late-evening hearing on an appeal filed by the producers of The Kerala Story 2: Goes Beyond after a Single Judge stayed the film’s release. The interim stay was granted while considering petitions challenging the certification issued by the Central Board of Film Certification (CBFC). Petitioners argued that the film’s content and title could adversely affect communal harmony and the image of the State. The producers contended that the CBFC had lawfully cleared the film and that last-minute judicial interference would cause serious financial loss and infringe free speech rights. After hearing detailed submissions from all sides, the Division Bench reserved its verdict on whether the stay should continue. Until further orders are pronounced, the interim stay on the film’s release remains in effect.