1 week ago
Supreme Court Closes Kerala Story Cases, Leaves Certification Questions Open
The Supreme Court closed several cases about the film The Kerala Story.
Two cases asked the court to cancel the film’s certificate from the Central Board of Film Certification.
The judges said those cases had become infructuous because the film had already been released.
The producers withdrew a separate case challenging West Bengal’s ban on the film.
The Supreme Court had stayed that ban in May 2023.
The petitioners argued that people affected by a film should also be able to challenge its certificate.
The judges did not decide that larger legal question and left it open for a future case.
The petitioners also wanted rules for films they believe promote hate speech.
The Chief Justice suggested that they file a broader petition asking for general guidelines.
The Supreme Court disposed of two petitions seeking cancellation of The Kerala Story’s CBFC certification, calling them infructuous after the film’s release.
The film’s producers withdrew their challenge to the then West Bengal government’s ban.
The court had stayed the West Bengal ban in May 2023.
The bench left open whether people other than producers can challenge a film’s CBFC certification.
The petitioners also sought guidelines for films allegedly promoting hate speech, and the CJI suggested filing a comprehensive writ petition.
- Who
- The Supreme Court bench led by Chief Justice of India Surya Kant; petitioners Qurban Ali and B R Aravindakshan; and producers Sunshine Pictures Pvt Ltd and Vipul Amritlal Shah.
- What
- The court disposed of petitions concerning The Kerala Story’s CBFC certification and a challenge to West Bengal’s ban, while leaving broader legal questions open.
- Where
- The proceedings took place in New Delhi and concerned certification by the CBFC and a ban imposed in West Bengal.
- When
- Friday, August 21; the film was released in 2023, and the West Bengal ban was stayed in May 2023.
- Why
- The certification petitions were considered infructuous after the film’s release, while the court deferred broader questions about who may challenge film certification.
Petitioners’ Legal Concerns
Court’s Procedural Position
Who may challenge certification?
Petitioners’ Legal Concerns
The petitioners argued that producers have a statutory remedy against CBFC certification, while other people aggrieved by a film’s contents do not and must approach the courts through a writ petition.
Court’s Procedural Position
The bench noted that the film had already been released and left the legal question open for a future case involving another controversial film.
Guidelines for allegedly hateful films
Petitioners’ Legal Concerns
The petitioners urged the Supreme Court to establish guidelines for films that allegedly promote hate speech.
Court’s Procedural Position
The Chief Justice responded that the petitioners could file a comprehensive writ petition seeking general guidelines.
Key facts
- Film
- The Kerala Story, directed by Sudipto Sen and produced by Vipul Amritlal Shah.
- Certification petitions
- Two petitions sought cancellation of the film’s Central Board of Film Certification certificate.
- Court outcome
- The Supreme Court disposed of the petitions as infructuous and left the legal question open.
- West Bengal ban
- The producers withdrew their challenge to the then West Bengal government’s decision to ban the film.
- Earlier ruling
- The Supreme Court stayed the West Bengal ban in May 2023.
- Petitioners’ request
- Advocate Nizam Pasha sought guidelines for films allegedly promoting hate speech.
- Controversial claim
- The film initially claimed that nearly 32,000 women from Kerala were converted to Islam through deceit and forced to join the Islamic State, a claim that drew strong criticism.
Quotes
Chief Justice of India Surya Kant
Chief Justice of India responding to the request for film guidelines
“The litigation has to await another movie... another movie that is controversial, we will go into that question”
deccanchronicle.com
indianexpress.com
theprint.in
“Alright, file a comprehensive writ petition seeking general guidelines”
deccanchronicle.com
indianexpress.com
theprint.in
Nizam Pasha
Advocate representing petitioners challenging the film’s certification
“Guidelines have to be laid down for films that promote hate speech.”
deccanchronicle.com
indianexpress.com
theprint.in
Sources
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