Kerala High Court Stays Release of The Kerala Story 2 for 15 Days

The Kerala High Court on Thursday stayed the release of ‘The Kerala Story 2: Goes Beyond’ for 15 days. Court observed that the movie, which is a sequel to 2023 film The Kerala Story, appear to advance themes similar to those in the prequel and noted the petitioners’ apprehension that such a portrayal could disturb communal harmony in the state.

The bench of Justice Bechu Kurian Thomas directed that the petitioner, Freddy V. Francis, whose representation is pending before the Ministry of Information and Broadcasting, be heard first on his apprehensions about the film and the image it allegedly projects of Kerala.

While court dismissed a petition filed by one Athul Roy on ground of maintainability, it allowed the petitions filed by Sreedev Namboodiri and Freddy V. Francis and granted an interim stay of 15 days on the release of the film.

Court clarified that it was not exercising its discretionary jurisdiction to finally adjudicate the petitions at this stage, but equally, it was not rendering them infructuous.

Court held that reiterating similar themes in a sequel of nearly the same name and concept could foster contempt against a religious community, fuel communal or fanatical sentiments, and threaten public order. It added that Kerala, known for communal harmony, risked being globally portrayed as a state marked by fanaticism and division if this movie is released without considering the petitioner's case. 

Referring to the Supreme Court’s ruling in the Ghooskar Pandat case, court noted that it is constitutionally impermissible to vilify or denigrate any community on grounds of religion, language, caste or region. It added that the petitioners’ apprehensions must be viewed in the context of the film being a sequel, particularly in light of the apex court’s observation in Rangarajan that while one film may not alter attitudes, repeated exposure to similar content can bring about change.

The bench remarked that artistic freedom could not be stretched to the extent of damaging the reputation of a state and its people. It further recorded that if the film were released in the manner apprehended, it could project Kerala in a poor light outside the state.

Court noted that prima facie it appeared that CBFC did not take into consideration these aspects while granting U/A certificate to the movie.

Noting that the petitions had been filed at the eleventh hour, court nonetheless held that the petitioners were entitled to have their concerns considered. Taking note of a representation already submitted to the Ministry of Information and Broadcasting, court directed that the petitioners be heard by the Ministry and that, until such consideration, the film should not be exhibited to the public.

However, counsel for the producers objected to the interim direction, citing a Supreme Court ruling to argue that once a court declines to exercise its discretionary jurisdiction on the ground of an available efficacious remedy, it cannot grant interim relief.

Accepting the objection, court said it would factor in the submissions and issue a detailed order at the earliest, enabling the movie producers to pursue appropriate appellate remedies.

The film has been directed by Kamakhya Narayan Singh and produced by Vipul Amrutlal Shah, and was slated to be released this Friday.

The petitions:

Court was seized with two writ petitions challenging the U/A certification granted by the Central Board of Film Certification (CBFC) to the Hindi film ‘The Kerala Story 2: Goes Beyond’. Another petition was later filed by one Athul Roy, which was dismissed today. 

In the initial petitions, two individuals, Sreedev Namboodiri and Freddy V. Francis, questioned the CBFC's decision to grant U/A certification to the film, which is a sequel to the 2023 film The Kerala Story.

The petitioners contended that though the storyline is not confined to Kerala, the use of the state’s name in the title created an impression that the narrative, which, according to them, touched upon themes such as terrorism and coercion, was representative of Kerala’s social reality. They argued that this could adversely affect the state’s reputation and disturb communal harmony.

The pleas also raised concerns about whether the statutory guidelines under the Cinematograph Act, 1952 were properly applied while granting certification. Petitioners contended that the CBFC did not appropriately balance artistic freedom with statutory obligations under the Act while granting certification.

The petitioners sought cancellation of the certificate and a stay on the film’s release, contending that the CBFC failed to adequately consider the possible impact of the film’s portrayal.

Earlier hearing:

On Wednesday, the high court indicated that it could stall the release of ‘The Kerala Story 2: Goes Beyond’ if attempts were made to “corner the court” on grounds of urgency, when senior counsel for the producers pressed for concluding the hearing post court-hours ahead of the film’s scheduled Friday release. However, later court allowed all the parties to file written submissions and posted the matter for orders today. 

Justice Thomas also repeatedly flagged that none of those in court, including the bench, had yet viewed the film. The judge noted that although he had earlier suggested a screening, the makers were not inclined to show the movie to the court. With time running short, he observed that he could not compel a screening at this stage.

During the hearing on Tuesday, court raised pointed questions about whether the U/A certificate was issued without adequately considering how the film’s title and thematic emphasis might reflect on the state’s reputation. The bench noted that Kerala “lives in total harmony” and expressed concern that certain dialogues and promotional elements, including references to “love jihad” and forced conversions, could be misleading when linked to the state’s identity.

Court also called for a screening of the film for itself. Justice Thomas directed the producers to arrange a screening so the court could view the film before deciding on interim relief or other directions.

However, the producers’ hesitation around facilitating the screening was noted by the bench.

The Kerala Story and controversies:

In 2023, the original The Kerala Story also became the subject of extensive legal and political dispute before and after its release. The Supreme Court refused to stay the film’s release ahead of its theatrical opening, observing that certified films should not be restrained without compelling reasons and that audience reception should determine its success.

Soon after its release in May 2023, the West Bengal government banned the film, citing law and order concerns, prompting the makers to move the Supreme Court. The apex court set aside the ban, finding no justification for prohibiting a certified film that was playing elsewhere in the country.

The 2023 film followed the story of a young Hindu woman from Kerala who was allegedly lured into religious conversion through a romantic relationship, later radicalised and recruited into the terrorist organisation ISIS, and taken to a conflict zone in West Asia.

Case Title: Sreedev Namboodiri v. Union of India and Ors., and Freddy V. Francis v. Union of India and Ors.

Hearing Date: February 26, 2026

Bench: Justice Bechu Kurian Thomas