The Kerala Story 2: Kerala High Court Division Bench Says Certified Film Cannot Be Stopped Based on Teaser

The Kerala High Court on Friday held that once a film has been certified by the Central Board of Film Certification (CBFC), courts must proceed on a prima facie presumption that statutory guidelines, including concerns of public order and communal harmony, have been duly considered, staying the single judge's interim order that had halted the release of the film The Kerala Story 2 – Goes Beyond.

A division bench of Justice Sushrut Arvind Dharmadhikari and Justice P.V. Balakrishnan stayed a February 26 order of a single judge bench of Justice Bechu Kurian Thomas which had interdicted the release of the movie for 15 days after finding that its teaser had the potential to distort public perception and disturb communal harmony.

The division bench underscored that the CBFC had admittedly watched the film in its entirety and granted certification. In contrast, the writ petitioners challenging the release had not viewed the full movie and were relying solely on the teaser and screenshots.

Relying on the Supreme Court’s decision in Viacom 18 Media Pvt Ltd v Union of India (2018) 1 SCC 761 and its recent ruling in Atul Mishra v Union of India dated February 19, 2026, the high court reiterated that creative expression through cinema is protected under Article 19(1)(a) of the Constitution. Though not absolute, that right is subject to regulatory measures under Section 5B of the Cinematograph Act, 1952 and the guidelines framed thereunder.

The bench observed that once a statutory expert body like the CBFC grants certification, there arises a prima facie presumption that it has applied its mind to all relevant considerations, including the impact on public order.

“Merely on the basis of a few clippings and without viewing the movie,” court said, it cannot be concluded that the Board failed to bear in mind certification guidelines.

Court further noted that the producer had carried out insertions, excisions and modifications as directed by the CBFC before certification was granted. This, it held, reinforced the conclusion that there had been due application of mind by the Board while issuing the certificate.

Addressing concerns about possible law and order issues following the film’s release, the bench said the Supreme Court has clearly held that the apprehension of public disorder cannot be a ground to prevent exhibition of a duly certified film. If any such situation arises, it is the duty and obligation of the State to maintain law and order.

The single judge had earlier found prima facie material indicating potential communal disharmony and possible denigration of a community, and had also questioned whether the CBFC had properly applied its mind. However, the division bench held that such findings, based solely on teaser content without viewing the complete film, could not justify stalling its release.

Therefore, the division bench concluded that the interim order interdicting the release of the movie could not be sustained.

Accordingly, the high court stayed the operation of the single judge’s order dated February 26 in WP(C) Nos. 6574 and 6854 of 2026, clearing the way for the release of The Kerala Story 2 – Goes Beyond, subject to further proceedings in the writ appeals.

Case Title: Vipul Amrutlal Shah vs. Freddy V Francis and Others

Order Date: February 27, 2026

Bench: Justice Sushrut Arvind Dharmadhikari and Justice P.V. Balakrishnan