LawChakra

Supreme Court Updates: Election Petition Against Congress MLA K Babu and Controversy Over ‘The Kerala Story’ Movie

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In a recent development, the Supreme Court declined to halt the proceedings of an election petition against Congress MLA K Babu, which is currently pending before the Kerala High Court. The petition, filed by CPI (M) leader M Swaraj, challenges Babu’s election from the Tripunithura constituency during the 2021 Kerala Legislative Assembly Elections. The core allegation is that Babu employed corrupt practices, which significantly influenced the election outcome. Specifically, he is accused of distributing slips to Hindu voters with an image of Lord Ayyappa and the inscription,

“your vote is for Ayyappa.”

Babu had approached the High Court, raising preliminary objections to Swaraj’s petition, citing material defects due to non-adherence to Sections 81, 82, and 83 of the Representation of People Act, 1951. However, the High Court chose to continue with the main trial against Babu. The Supreme Court, in its recent hearing, clarified that while it would consider Babu’s challenge against the Kerala High Court’s interim order, it would not stay the main proceedings.

In another significant case, the Supreme Court has agreed to hear a petition challenging the Kerala High Court’s decision not to stay the release of the movie ‘The Kerala Story.’ Senior advocate Kapil Sibal, representing journalist Qurban Ali, emphasized the urgency of the matter, as the High Court had declined to grant an interim stay on the film’s release. Ali’s petition alleges that the movie promotes hate speech, suggesting that nearly 32,000 girls from Kerala are persuaded to join ISIS by their Muslim acquaintances. This narrative, Ali argues, fosters animosity and hatred among various groups.

After viewing the movie’s teaser, the Kerala High Court stated that the trailers

“do not contain anything offensive to any particular community as a whole.”

The court also highlighted the film’s disclaimer, which clarifies that the movie offers a dramatized version of events. The storyline revolves around three Kerala girls who share their experiences of being coerced into marriage after converting to Islam and subsequently being taken to Afghanistan to join the terrorist group ISIS.

It’s worth noting that the Supreme Court had previously declined to stay the movie’s release on multiple occasions, directing all petitions to the Kerala High Court. The West Bengal government has banned the film’s screening, citing the need to

“preserve harmony,”

while theaters in Tamil Nadu have halted screenings due to

“poor response.”

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