Kerala High Court Allowed Petitioner To Pursue Their Complaints Before CBFC Against Film: The Kerala Story

The Kerala High Court in the case observed and has granted liberty to two of the petitioners to pursue the complaint which is filed before the Central Board of Film Certification, CBFC. The court in the case refused to stay the exhibition of ‘The Kerala movie’.
The Division bench comprising of Justice N. Nagaresh and Justice Sophy Thomas in the case observed while taking a note that one of the petitioners who is represented by Advocate P.K. Ibrahim had already filed a complaint before the board wherein invoking Rule 32 of The Cinematograph, the Certification Rules 1983.
The court stated that the petitioner is at the liberty to prosecute the said complaint.
It has also been provided under Rule 32, 1983 for re-examination of certain films which being upon the complaints received by the board. Therefore, it has been stated by Anoop VR, in his complaint filed before the CBFC that the said film is based on baseless and factually erroneous claims and has the effect of humiliating the State and also for demonising a community.
However, the bench in its order recorded that the submissions of the producer that the teaser of the movie, wherein it is claimed that over 32,000 women from
Kerala were recruited to ISIS, the same would be removed from the social media accounts.
The bench further noted that the Central Board of Film Certification, CBFC had certified the film for public viewing. Thus, the trailer is also been watched by the bench and opined that there being nothing offensive to any particular community in it.
Further, the bench observed that there being added a disclaimer that it was a fictionalized version of the events, and the court also took note that none of the petitioners had even watched the movie.
Accordingly, the court declined the interim relief
against the movie.