The Supreme Court stayed the West Bengal government’s order prohibiting the screening of the film ‘The Kerala Story’ on Thursday and directed Tamil Nadu to ensure the safety of moviegoers after theatre owners decided to stop screening the film due to security concerns.
According to the Supreme Court, the disclaimer should state that ‘there is no authenticated data to back up the suggestion on the figure of conversion and the film represents the fictionalized version’.
The bench, which also included Justices P S Narasimha and J B Pardiwala, stated that it would like to watch the film before deciding the petitions challenging the CBFC certification. The petitions will be heard in the second week of July, according to the court.
The bench also took note of submissions that the film was not banned in Tamil Nadu and requested that the state government ensure the safety and security of moviegoers.
It stated during the hearing that statutory provisions cannot be used to “put a premium on public intolerance.”
The court stated that because the film has been certified by the Central Board of Film Certification (CBFC), it is the responsibility of the state government to maintain law and order.
‘Bad movies bomb at the box office’, said the bench. ‘The legal provision cannot be used to reward public intolerance. Otherwise, all films will end up here,’ the bench, which also included justices P S Narasimha and J B Pardiwala, said during the hearing.
According to senior advocate Harish Salve, who is representing the film’s producer, the states cannot sit in appeal over the film’s certification.
Salve stated that no statutory appeal has been filed against the film’s certification and cited judgements to support his contention that the Supreme Court cannot sit in an appeal over the CBFC certification.
The Supreme Court was hearing cross-pleas from the film’s producer challenging the ban on screening in West Bengal and the decision by Tamil Nadu theatre owners not to show the film in the state, while journalist Qurban Ali was challenging the Kerala High Court order refusing to stay the film’s release.
The Kerala Story, starring Adah Sharma, hit theatres on May 5. The film, directed by Sudipto Sen, alleges that women from Kerala were forced to convert to Islam and recruited by the terrorist organisation Islamic State (IS).
