Why Supreme Court Has Rejected To Stay The Release Of The Bollywood Movie The Kerala Story ?
The Kerala Story is a Hindi film that claims to expose the reality of ‘Love Jihad’ in Kerala, a term used by some Hindu groups to allege that Muslim men lure Hindu women into conversion and marriage, and then force them into joining the terrorist outfit Islamic State of Iraq and Syria (ISIS). The film, directed by Sudipto Sen and produced by Vipul Amrutlal Shah, stars Adah Sharma in the lead role and is set to hit the theatres on May 5, 2023.
However, the film has been at the centre of controversy ever since its teaser was unveiled in April 2023. Several groups, including the Jamiat Ulama-I-Hind, a prominent Muslim organisation, have filed petitions in various courts seeking a stay on the film’s release, arguing that it will create hatred and enmity between different sections of society and malign the image of Kerala. They have also challenged the certification granted to the film by the Central Board of Film Certification (CBFC), alleging that it violates the Cinematograph Act and the guidelines issued by the Ministry of Information and Broadcasting.
But the Supreme Court has rejected all such pleas for the second time on May 4, 2023, saying that it cannot interfere with the release of the film or pass any orders for urgent listing of the case before the Kerala High Court, where the matter is pending. A bench of Chief Justice of India DY Chandrachud, and Justices PS Narasimha and JB Pardiwala asked Senior Advocate Huzefa Ahmadi, appearing for petitioner Qurban Ali, a journalist, to approach the Kerala High Court where the matter was pending.
The apex court observed that a film is made with a lot of hard work of producer and actors, and that the market will decide if it is not up to the mark. “You must be very careful about seeking a stay on films. The CBFC cleared it. The Kerala High Court refused to stay, and we declined yesterday. Now, after three steps, it is improper for us to hear this,” CJI Chandrachud told the petitioner.
The Supreme Court also said that it was not seized of the case and that seasoned judges were manning the High Court who were aware of local circumstances. “Why should we become a super (Article) 226 court?” CJI Chandrachud asked.
Earlier, on May 2, 2023, the Supreme Court had refused to entertain another plea filed by Jamiat Ulama-I-Hind seeking a stay on the film’s release. The plea had claimed that the film was a “worst kind of hate speech” and an “audio-visual propaganda” that would incite communal violence. The court had then suggested the petitioners approach the High Court.
Apart from the Supreme Court, two fresh petitions were filed before the Kerala High Court against the film’s release on May 4, 2023. A similar petition is also pending before the Madras High Court.
The Kerala Story has also been criticised by Kerala Chief Minister Pinarayi Vijayan who said it was ‘Sangh Parivar propaganda’ and that it would malign Kerala’s image. “In the trailer of the movie, we see a hoax that 32,000 women in Kerala were converted and became members of ISIS. This bogus story is a product of the Sangh Parivar’s lie factory,” a statement from the CM read.
The Kerala Story is one of the most awaited films of 2023 as it promises to reveal some shocking truths about a sensitive issue that has been plaguing Kerala for years. Whether it will live up to its expectations or face more legal hurdles remains to be seen.
