HC concludes hearing on stay order of 'Kerala Story 2' release, reserves judgement
Advocate Neeraj Kishan Kaul, appearing for the makers of 'Kerala Story 2', said that the single bench order will lead to commercial disruption and is destructive of free speech.
Advocate Neeraj Kishan Kaul, appearing for the makers of 'Kerala Story 2', said that the single bench order will lead to commercial disruption and is destructive of free speech.
Advocate Neeraj Kishan Kaul, appearing for the makers of 'Kerala Story 2', said that the single bench order will lead to commercial disruption and is destructive of free speech.
High Court Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice P V Balakrishnan concluded the hearing of the stay order on the release of 'Kerala Story 2' and reserved judgment.
Advocate Neeraj Kishan Kaul, appearing for the makers of 'Kerala Story 2', said that the single bench order will lead to commercial disruption and is destructive of free speech. "Crores have been invested. The movie was set to be released in 1,500 theatres in India and 335 theatres across the world. If the movie is not released tomorrow, the producer will be finished financially," the counsel said.
He said that a social evil of radicalisation is being portrayed, and it doesn't denigrate the state of Kerala, but only shows the protagonist is from Kerala, and in this film, the protagonist is also from Madhya Pradesh and Rajasthan.
"The maker is entitled to directorial integrity. The single judge can't substitute his view for the Central Board of Film Certification, which is an expert body. It is not sitting as a court of appeal. The storyline choice, whether one religion or two religions, is the director's creative right of free speech. CBFC has considered the fact that Kerala is not denigrated," said the counsel.
The makers said that if the movie is released globally, there is a threat of piracy and it is impossible to control it. They pleaded for an order to stay the decision to stall the release of the film.
Meanwhile, the counsel appearing for the CBFC said that 16 cuts have been made in the movie, and 2-minute-long clips were replaced. "How can the court say that CBFC did not apply mind. Clip spanning 0.31 seconds was deleted," the counsel asked.
In its interim order staying the release the Kerala High Court had said the Central Board of Film Certification (CBFC) showed a prima facie "manifest absence of application of mind" while granting certification to the film. Justice Bechu Kurian Thomas noted that dissemination of content with a tendency to create discord, disturb law and order, or undermine social harmony cannot fall within the ambit of freedom of speech and expression under Article 19(1)(a) of the Constitution.