Kerala HC reserves verdict on Catholic Congress plea challenging A certificate for 'Haal' film

Kochi: The Kerala High Court on Thursday reserved its verdict on an appeal filed by the Catholic Congress challenging a Single Judge’s order directing the Central Board of Film Certification (CBFC) to reconsider the A certificate given to the Malayalam film Haal without insisting on certain cuts.

The Christian organisation argues that the film portrays the Bishop of Thamarassery as supporting inter-faith marriages, which it says is contrary to his known public stance. It also objected to scenes shot outside the Bishop’s residence and sought restoration of three cuts ordered earlier by the CBFC.

These included:

• a police interrogation scene with schoolboys, which the CBFC felt stereotyped certain communities;
• scenes alleged to hurt Christian sentiments and requiring consent to film the Bishop’s house;
• scenes showing police and state authorities in a negative light.

However, the Division Bench of Justices Sushrut Arvind Dharmadhikari and P V Balakrishnan questioned the maintainability of the appeal, noting that the Catholic Congress was only a respondent in the original petition and had not shown any legal injury.

The Bench said a respondent cannot seek relief without filing an independent petition. “How can you compel them? It’s their movie. We cannot direct deletions,” Justice Dharmadhikari observed orally.

Defending the appeal, the Catholic Congress argued that since the Single Judge treated the matter as a writ petition, their appeal under the High Court Act was valid. The organisation reiterated its objections, including the use of footage of the Bishop’s house without consent and the bishop’s portrayal in the film.

Senior Counsel Joseph Kodianthara, appearing for the filmmakers, countered that the Bishop was shown “in the best light” and urged the court not to comment without watching the film.

The court refused to stay the certification process and said it would deliver its judgment in a few days.

Earlier, the Single Judge had quashed the film’s A certificate and certain cuts ordered by the CBFC, holding that Haal did not violate constitutional values and fell within the filmmakers’ creative freedom. The filmmaker had also agreed to carry out two other suggested cuts involving a beef biriyani scene and a reference to a cultural organisation.

The Catholic Congress claims the Single Bench failed to consider references to “love jihad” and scenes it says infringed upon religious rights under Articles 25 and 26.

The appeal is represented by Advocates Mariya Rajan, Shinu J Pillai, S Suja, Ann Mariya John and Felix Samson Varghese. Senior counsel Joseph Kodianthara and Advocates John Vithayathil and E S Saneej represent the filmmakers.
(With LiveLaw inputs)