The Kerala High Court has vacated the interim stay on the release of Kerala Story 2 – Goes Beyond, allowing the film to hit theatres. The Division Bench set aside the single-judge order that had paused the movie’s release for 15 days pending review by the Central Board of Film Certification (CBFC).
The Kerala High Court on Friday set aside the interim stay order passed by a single-judge bench which had stopped the release of the film Kerala Story 2 – Goes Beyond. The Division Bench of Justices SA Dharmadhikari and PV Balakrishnan allowed the appeal filed by the producers and cleared the way for the movie’s release.
Earlier, single-judge Justice Bechu Kurian Thomas had stayed the release of the film for 15 days and directed the Central Board of Film Certification (CBFC) to examine complaints filed against the movie.
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Justice Thomas had passed his order at 3 pm on Thursday, February 26. He asked the CBFC to consider revision petitions submitted by the objectors within two weeks and ordered that the film should not be released during this period.
The order was passed in response to two writ petitions challenging the release of the film on the ground that it allegedly misrepresented Kerala and could lead to communal disharmony.
Later the same evening, the Division Bench held a special urgent sitting at 7.30 pm to hear the producers’ appeal. After arguments that lasted more than two hours, the Bench reserved its judgment and pronounced the verdict at 4 pm on Friday, lifting the stay.
One of the petitions was filed by Kannur resident Sreedev Namboodiri. He claimed that the sequel’s title and promotional content, including the teaser and trailer, contained themes that could incite violence and unfairly target the State of Kerala.
He strongly objected to the teaser’s closing line “ab sahenge nahin… ladenge” (we will not tolerate it anymore, but will fight), stating that it amounted to a call for confrontation and could potentially trigger communal tension.
The second petition was filed by Freddie V Francis, who sought a complete ban on the film. He objected to the use of the word “Kerala” in the title and argued that it falsely connected the State with terrorism and forced religious conversions. He described the film as ‘marketing of hate’ and questioned the claim that it was based on true events.
While granting the interim stay, Justice Thomas had observed that there appeared to be a prima facie lack of proper application of mind by the CBFC while granting certification to the film.
He stated that although courts are generally cautious about interfering with film releases, intervention becomes necessary when the content allegedly has real potential to disturb communal harmony. Therefore, he directed the CBFC to reconsider the objections and stayed the release for 15 days.
Following this, the producers urgently approached the Division Bench, pointing out that the film was scheduled for international release on Friday, February 27. They requested immediate relief to avoid heavy financial and reputational loss.
When the matter was taken up, Justice Dharmadhikari clarified the circumstances under which the appeal was permitted to be filed. He stated,
“We had no idea that the judgment was yet to be delivered. It was only delivered in the afternoon,”
explaining that permission to file the appeal had been granted earlier under the belief that the order had already been passed.
Senior Advocates Neeraj Kishan Kaul and Elvin Peter appeared for the producers. They argued that the petitioners did not have the locus standi to maintain a regular writ petition because their grievances were in the nature of a Public Interest Litigation. They also submitted that once the CBFC has granted certification, there is a strong legal presumption that due procedure has been followed.
The producers further argued that the film carries a clear disclaimer and presents a multi-State narrative, not a story limited to Kerala alone. They contended that stopping the release of a certified film before it reaches the public is an extreme form of censorship and that judicial precedents strongly oppose such pre-release bans, especially when they disrupt commercial free speech.
Advocates Maitreyi Sachchidananda Hegde, Rizla KM and Deepika K Sasi appeared for Namboodiri, while Advocates Sreerag Shylan, Ferha Azeez and Devananda S represented Francis. The producers were represented by Senior Advocates Neeraj Kishan Kaul and Elvin Peter, along with advocates Ameet Naik, Madhu Gadodia, Nithyesh, Vaibhav and Jasmeet.
With the Division Bench vacating the interim stay, the release of Kerala Story 2 – Goes Beyond can now proceed. The ruling highlights the balance courts must maintain between freedom of expression and concerns about communal harmony, while also reinforcing the legal weight carried by certification granted by the CBFC.
Case Title:
Vipul Amrutlal Shah v. Freddy V Francis & Ors.
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