Read Time: 06 minutes
Days before the actual release of the film, the Supreme Court had refused to stay the release of the movie, while a bench of CJI DY Chandrachud, Justices PS Narasimha and JB Pardiwala were of the view that the success of the movie should be determined at the box office.
The Supreme Court today stayed the order of the West Bengal Government banning the screening of movie "The Kerala Story" after it had recently observed that there was no reason for West Bengal to ban the film when it was successfully running throughout India.
CJI DY Chandrachud had then said that it was for the audience to decide what they should do with a movie, instead of mandating bans.
Today, the bench also comprising Justices Narasimha and Pardiwala, while setting aside the ban in West Bengal said that it would decide the main plea challenging the CBFC certification in July after watching the movie itself.
Senior Advocate Abhishek M Singhvi, appearing for the state of West Bengal told the bench that the disclaimer of the movie says that the filmmakers have taken cinematic liberty and that the film is a dramatised portrayal of events. " Is this even a disclaimer?", he added.
To this, the CJI today suggested that a disclaimer be made saying that it is a fictional portrayal.
Appearing on behalf of the makers, Senior Advocate Harish Salve said that art has to be provocative an it is state who has to maintain law and order and that cannot be the reason to pull off a film.
Notably, the West Bengal government had justified before the Supreme Court its decision to ban 'The Kerala Story', contending that the movie is based on manipulated facts and contains hate speeches in multiple scenes that may hurt communal sentiments and cause disharmony between the communities.
Based on various intelligence inputs, the Mamata Banerjee government said, it was decided to impose a prohibition on exhibition of the movie exercising power under Section 6(1) of the West Bengal Cinemas (Regulation) Act, 1954, considering the law and order situation, security of the state and general public interest.
In reply to the petition made by Sunshine pictures, the Tamil Nadu Police had also refuted a charge of "shadow banning" the movie, contending the film was released in 19 multiplexes across the state, despite protests and objections by Muslim organisations but was removed due to poor audience response.
On May 12, hearing a writ petition by the filmmakers Sunshine Pictures Pvt Ltd and producer Vipul Amrutlal Shah, the apex court had asked the West Bengal and the Tamil Nadu governments to explain why the movie, which is run across the country smoothly, can't be exhibited in their States.
‘The Kerala Story’ showing the theme of 'Love Jihad' and entrapment of Hindu and Christian girls for conversion has stirred hornets' nest with several fringe organisations lodging protests for what they perceived as poor depiction of Islam and its clerics.
The film, produced by Sunshine Pictures Private Ltd and directed by Sudipto Sen, was released on Friday, May 05, 2023 in Hindi, Malayalam, Tamil and Telugu across the country.
The movie made on girls who fell victims of 'Love Jihad' and landed in Syria and Afghanistan has caused outrage among some sections of the society.
Case Title: Sunshine Pictures vs. State of West Bengal
Please Login or Register
