The Kerala High Court on Friday dismissed appeals filed by the Union government and the Catholic Congress challenging the Single Bench order that quashed the A-certification and cuts imposed on the movie 'Haal'.

A Division Bench comprising Justice Arvind Sushrut Dharmadhikari and Justice PV Balakrishnan delivered the verdict.

In its appeal, the Catholic Congress had objected to the film’s portrayal of the Bishop of Thamarassery, claiming it was inconsistent with his known stance against inter-faith marriages. The Single Bench had earlier held that such a depiction fell within the creative freedom of the filmmakers.

The Christian outfit had also argued that the movie was propaganda aimed at downplaying the issue of ‘Love Jihad’. The Union government and the Censor Board, in their appeal, questioned the maintainability of the filmmaker’s writ petition under Article 226 of the Constitution.

A detailed order is awaited.

Background
The Shane Nigam-starrer was originally set for release on September 12. However, delays in certification prompted the filmmakers to approach the High Court. The Censor Board’s Revising Committee later granted an A certificate with six mandated cuts, including the controversial beef biriyani scene.

The producer and director then approached the High Court again, this time challenging both the certification and the excisions. During the hearing before the Single Judge, the Catholic Congress and an RSS office-bearer were impleaded to present their objections.

After watching the film and hearing arguments, the Single Bench quashed the Censor Board's order and held that excisions 1 to 4 were unwarranted. These included the dance sequence featuring the Christian heroine in a burqa, the scene depicting the Bishop of Thamarassery’s residence, police interrogation scenes, and the suggestion to blur the name of a Christian institution.

The filmmakers had agreed to remove excisions 5 and 6, which included the beef biriyani scene, certain dialogues about a cultural organisation, and scenes of court proceedings; thus, these were not examined on merits. The Single Bench directed the Board to reconsider the certification.

Aggrieved by the order, the Catholic Congress filed a writ appeal. The Division Bench watched the film before proceeding. The Union government and the Censor Board later filed a separate writ appeal. Both appeals were heard together, and the verdict was reserved.

A detailed judgment is awaited.
(With LiveLaw inputs)