Thread by @LiveLawIndia

A plea has been moved in the Kerala High Court seeking a stay on the film 'The Kerala Story'.

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The Division Bench of Justice N. Nagaresh and Justice Mohammed Nias C.P. shall soon consider the plea.
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The matter has been taken up.
Advocate Kaleeswaram Raj is appearing on behalf of the petitioner.
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Bench: Did you approach anybody in this regard or are you directly appearing before this Court?
Adv. Raj: Movie is about to be released on the 5th. There is not even a breathing time to approach anybody else in this matter. We are taken aback.
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Adv. Raj: I don't seek a ban of the movie as such, that is not the prayer. The CBFC initially noted 10 cuts required, and thereafter, I would say much greater scrutiny was required on the part of the Central Board.
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Adv. Raj goes through the portions of the teaser of the film.
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Adv. Raj: In this film they say that it is not fiction, but essentially facts which is told in the form of fiction. That is how they say. It is not my sentence, it is their introduction to the story.
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Adv. Raj: They say that it is inspired by many true stories, which will give an indication that in Kerala, massive conversions are taking place. This is something which diminishes the dignity of the State and people as a whole. It is an insult.
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Bench: Have you seen the cinema?
Adv. Raj: As of now in public sphere, only teaser is available. So for the time being, that alone can be looked into. We can only prevent it at this time.
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Bench: I don't know what is so big about this. After all, it is a story.
Adv. Raj: What I am saying is that it is only recently that Apex Court discussed what is hate speech.
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Adv. Raj: Your Lordships collegiality on the Bench, the entire State is also having it, in the classrooms, etc. That is Kerala. This is not Kerala.
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Bench: This is a piece of art, Mister. You cannot mix it with hate speech.
Adv. Raj: If this Court feels this is not hate speech, nothing else would be.
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Bench: Are we giving it more publicity?
Adv. Raj: It is not, Your Lordship, publicity will happen even otherwise.
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Adv. Raj: What I am saying this, it would have to be tested on the context of constitutional morality.
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Adv. Raj: Here is a situation where the Board is abetting.
Bench: Kaleewaram, you have not seen the film, you have not seen the content of it, you have only seen a teaser and blaming the Central Board. We cannot take that luxury.
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Adv. Raj: The teaser is a part of the film. I underline that. The teaser is inseparable from the film. Therefore, it cannot be said that someone has not seen the film. I have approached the Court at the earliest moment.
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Bench: Was a similar matter moved before the Supreme Court?
Adv. Raj: Let me explain that. What has happened in SC is that in another matter, one IA was moved and Court said two things.
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Adv. Raj: One was that you cannot move it by way of incidental proceeding as an incidental IA in a proceeding related to something else. Secondly, the Supreme Court said that the High Court would have to be approached.
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Adv. Raj: That cannot be an impediment in any way in considering this properly constituted writ petition.
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Adv. Raj: SC observed only today. We have moved even before that. We have satisfied the requirements orally suggested by the SC. This is not an IA but properly constituted writ.
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Justice Nagaresh: Were there any orders passed in this IA?
Adv. Raj: I assure that absolutely none was passed.
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Adv. Raj: What has happened in the SC is that, they are hearing of batch of writ petitions regarding hate speech. According to Live Law, the matter was heard in the morning. My plea was filed before that.
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Justice Nagaresh: If the matter is pending consideration before SC, we don't want to interfere. You tell us what transpired before the SC.
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Adv. Raj: As of today, we are in a precarious situation.
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Justice Nagaresh: You have just simply rushed to this Court. You haven't approached any statutory authorities at all.
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Justice Nagaresh: We don't know for what reason the SC has declined. Let the DSG get instructions.
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Adv. Raj: This is not a personal cause of action. It is in the public realm.
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Adv. Ameet Naik appearing on behalf of two respondents makes his submissions.
Adv. Naik: The Censor Board, after applying its mind granted the certificate. It was granted on 24th April.
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Advocate Thomas P. Kuruvilla appearing for the producer Sunshine Pictures also makes his submissions.
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Adv. Raj: We do not have a law and order case. The certification was granted by a partial examination and non application of mind. Certification is an administrative decision making process. Why is there non-application of mind?
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Adv. Raj: Teaser is available even now. If this is the teaser, if certificate is granted to it, the certificate is available. If it is not granted, the exhibition of the teaser is illegal. This is my submission.
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Adv. Raj: I could have done anything only after April 24. But I have done it within time.
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Adv. Raj: Let them answer this contention.
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Adv. Rajesh submits that he has also filed a writ petition. But adds that it has not been numbered.
Bench: It will come on 5th.
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Matter has been posted for further consideration on May 5, 2023. Court asks respondents to file the response by the said date.
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Corrigendum: Sr Adv Sreekumar appeared for the producer Sunshine Pictures
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