Kerala HC issues notice before admission on plea against 'Kerala Story 2'
The film was released on February 27 after a Division Bench stayed an interim order passed by Justice Bechu Kurian Thomas in two other writ petitions that had restrained its release.
The film was released on February 27 after a Division Bench stayed an interim order passed by Justice Bechu Kurian Thomas in two other writ petitions that had restrained its release.
The film was released on February 27 after a Division Bench stayed an interim order passed by Justice Bechu Kurian Thomas in two other writ petitions that had restrained its release.
The Kerala High Court on Thursday issued an urgent notice before admission to producer Vipul Amrutlal Shah in a plea challenging the certification of 'Kerala Story 2: Goes Beyond' and seeking the removal of 'Kerala' from its title.
Justice P V Kunhikrishnan orally observed that the plea may have become infructuous as the film had already been released and watched by many people. However, Advocate Chelson Chembarathy, appearing for the petitioner, pointed out that the film has since been released on an OTT platform.
When counsel for the Central Board of Film Certification (CBFC) questioned the maintainability of the plea, the court said the issue could be considered at the final hearing.
Earlier this week, Justice Bechu Kurian Thomas recused himself from hearing the matter.
The film was released on February 27 after a Division Bench stayed an interim order passed by Justice Bechu Kurian Thomas in two other writ petitions that had restrained its release. Those petitions were subsequently dismissed, and last week the Division Bench also dismissed as infructuous the appeals filed by the Centre and the producer.
The appeals had challenged a single judge's finding that the petitioners in the two writ petitions had established their locus standi, individual grievances and the maintainability of their pleas. While dismissing the appeals, the Division Bench left open the legal question raised by the CBFC and the Union government regarding the maintainability of private interest litigations challenging a film's certification on the ground that it brings disrepute to a State.
During an earlier hearing in the present case, counsel for Shah had submitted that the litigation deserved to be condemned.
The plea alleges that the producer committed offences under Sections 196, 197 and 299 of the Bharatiya Nyaya Sanhita and contends that the contents of the film are prejudicial to public harmony.
An application has also been filed to implead Zee Entertainment Enterprises Limited, through whose platform the film was released on OTT on May 1.
(With Live Law inputs)