Producer Vipul Amrutlal Shah told the Kerala High Court that pleas against “The Kerala Story 2 – Goes Beyond” are premature and not maintainable, asserting Central Board of Film Certification alone can certify films under the Cinematograph Act, 1952.
KOCHI: The producer of The Kerala Story 2 – Goes Beyond, Vipul Amrutlal Shah, has informed the Kerala High Court that the petitions opposing the film’s release are “premature, misconceived and not maintainable.”
This statement was made in an affidavit submitted to the High Court on Tuesday.
Justice Bechu Kurian Thomas indicated that he would hear the petitions in detail at 3 pm.
In his affidavit, Shah argued that the Central Board of Film Certification (CBFC) is the sole expert authority designated under the Cinematograph Act, 1952, to evaluate films in their entirety and certify them for public exhibition.
He stated,
“The supervisory jurisdiction of this court does not extend to substituting its own assessment of a film’s content for the expert judgment of the certifying authority,”
Shah refuted the allegations made in the petitions against the movie, deeming them as “an abuse and misuse of the process of law.” Referring to the first petition filed by Sreedev Namboodiri from Kannavam in the Kannur district, Shah claimed it was filed “with a malafide intention and an ulterior motive to gain financial benefits from him.”
He noted that the teasers for the film were released 16 days prior to the filing of the petition. Shah also asserted that the exhibition of a certified film should not be hindered based solely on a two-minute teaser, without any review of the complete film.
He warned that granting an injunction without examining the full film, without any prima facie evidence of legal flaws in the CBFC’s decision, would cause “catastrophic and irreversible economic harm” to him, as well as to countless exhibitors and distribution partners nationwide.
Shah mentioned that the film is set to release in over 1,800 theaters across India and abroad. Regarding the film’s title, he explained that the term ‘Goes Beyond’ is “not decorative.” He described it as a deliberate signal indicating that the film’s narrative transcends the geography of Kerala. He further clarified that the definite article ‘The’ references the first film in the franchise and does not limit its subject matter solely to Kerala.
He argued that if there is concern about potential mob action or protests affecting public order, it is the responsibility of the state to take preventive measures, rather than halting the film’s release.
The affidavit asserted,
“A scenario where any individual or group can effectively veto the exhibition of a certified film simply by threatening disorder would render meaningless both the CBFC certification process and the constitutional guarantee of free expression,”
The court had previously remarked that the teaser and trailers of the film portray Kerala, a state known for communal harmony, inaccurately. The court had also noted that using the state’s name and asserting that the film is based on facts could incite communal tensions.
Three separate petitions have been filed seeking to annul the public viewing certificate granted to The Kerala Story 2 – Goes Beyond, which is scheduled for release on February 27. One of these petitions was submitted by Sreedev Namboodiri, who named the Ministry of Information and Broadcasting, the CBFC, and producer Shah as respondents.
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Besides seeking to annul the certification, Namboodiri, through advocate Maitreyi Sachidananda Hegde, is also requesting modifications, including a reconsideration of the film’s title.
The petition claims that the film was certified for public viewing by the CBFC without adhering to the statutory requirements of the Cinematograph Act, 1952. Concerns arise from the teaser and trailer, which depict narratives involving women from various states while labeling the content as The Kerala Story, thereby linking alleged incidents of terrorism, forced conversion, and demographic conspiracies exclusively to Kerala.
This portrayal is posited to potentially stigmatize an entire regional population, disrupt public order, and incite communal and regional discord, according to the petition.
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