Thread by @barandbench

The Kerala High Court will shortly hear six petitions challenging the release of the movie 'The Kerala Story'. The case will be heard by a division bench of Justices N Nagaresh and Sophy Thomas.

Live updates below.

#KeralaHighCourt #KeralaStory #TheKeralaStory

Court assembles. Hearing to begin shortly.

#KeralaHighCourt #KeralaStory #TheKeralaStory

Hearing begins.

#KeralaHighCourt #KeralaStory #TheKeralaStory

Senior Advocate Dushyant Dave submits, takes court through writ petition.

Describes trailer of the movie, "this conversation is included to incite hatred".

#KeralaHighCourt #KeralaStory #TheKeralaStory

Dave reads: Certification of the film is in violation of statutory provisions and Constitution of India.

This is how we are coming before you. Please allow screening of the trailer before you. Unless you see the trailer....

#KeralaHighCourt #KeralaStory #TheKeralaStory

Dave: Films can cause serious damage of innocent minds. this may create a serious public law and order problem. Really, one should view the entire film. The trailer itself shows how dangerous it is.

#KeralaHighCourt #KeralaStory #TheKeralaStory

Court: What in the movie demonises the entire community?

Dave: I have not seen the film, it is not yet released but please see the trailer. I would say please see the film. That is the best way.

#KeralaHighCourt #KeralaStory #TheKeralaStory

Dave shows Supreme Court order in Sudarshan TV case.

Court: We will hear the trailer after hearing the other side.

#KeralaHighCourt #KeralaStory #TheKeralaStory

Dave: One of the best things we have in our country is the Constitution of India. It guarantees rights.. freedom of speech etc. But it is not absolute. This is very important.

Dave takes court through Cinematograph Act.

#KeralaHighCourt #KeralaStory #TheKeralaStory

Dave takes court through Section 5 of the Act.

"...being persons qualified in the opinion of the Central Government to judge the effect of films on the public, as the Central Government may think fit to appoint thereto."

#KeralaHighCourt #KeralaStory #TheKeralaStory

Dave: When entire community is depicted in a certain way...

Court: Is there any allegation that there is something against an entire society?

Dave: Paras 11 and 12 show.

Court: There is nothing against the entire society in the trailer.

Dave: Will have to see as a whole.

Court: The board has seen it and advised cuts.

Dave reads provision, "..film or any part of it is against the interests of 1 [the sovereignty and integrity of India]"

cbfcindia.gov.in/main/CBFC_Engl…

#KeralaHighCourt #KeralaStory #TheKeralaStory

Court: This is not a historical movie. This is a story.

Dave: If it is a story with a false narrative, court has every right to sit over the censorship board. If fiction is going to create a serious public order situation...

#KeralaHighCourt #KeralaStory #TheKeralaStory

Dave: It is a clear case of 153A.. Dave reads description of trailer.

Court: So what is wrong with it?! It is fiction. In Kerala we are so secular. There is a movie where a pujari spits on an idol and that was welcomed by society.

#KeralaHighCourt #KeralaStory #TheKeralaStory

Dave: Kindly take a look at these subtle messages. This is not good for us as a society.

I have seen how beautiful the society in Kerala is. In that society, these allegations...

#KeralaHighCourt #KeralaStory #TheKeralaStory

Court: There are umpteen number of movies where Hindu sanyasis are depicted as smugglers or rapists. Nothing happens, no one protests. Many such Hindi and Malayalam films are there.

Dave: Merely because one wrong has been allowed..

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Court: You have come at the last minute...

Dave takes court through judgments.

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Dave reads case of Firoz Iqbal Khan vs Union Of India (Sudarshan news case).

indiankanoon.org/doc/166949550/

Dave: Last minute they intervened, and court protected. Some episodes were shown and some were not.

#KeralaHighCourt #KeralaStory #TheKeralaStory

Dave: Please see what is the purpose of the fiction! Isolated incidents cannot be made to seem like the truth and made into a movie.

#KeralaHighCourt #KeralaStory #TheKeralaStory

Dave reads, "India is a melting pot of civilizations, cultures, religions and languages. Any attempt to vilify a religious community must be viewed with grave disfavour by this Court as the custodian of constitutional values. Its duty to enforce constitutional values demands"

Court: Was it a fictional movie in this petition? I don't think it was a movie..

Dave: I am on principle, not facts.

Court: If in a debate, it is different.

Dave: No, no! It is a tv show. Like a serial.

#KeralaHighCourt #KeralaStory #TheKeralaStory

Dave: This order squarely applies to the facts of the case.

Dave now cites Supreme Court judgment in S Rangarajan v Jagjivan Ram.
main.sci.gov.in/judgment/judis…

#KeralaHighCourt #KeralaStory #TheKeralaStory

Dave reads, "It is proved that even though one movie relating to a social issue may not significantly affect the attitude of an individual or group, continual exposure to films of a similar character will produce a change."

#KeralaHighCourt #KeralaStory #TheKeralaStory

Dave: If censor board fails in its duty.. the Your Lordships have a bounden duty to intervene and stop the telecast.

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Dave: Let us suppose one or two incidents did take place. You must not glorify them this way! You cannot talk about them. You have to let law take its course.

Court: Is the film glorifying or condemning it?

#KeralaHighCourt #KeralaStory #TheKeralaStory

Dave: I also am strong advocate of freedom, but if it likely to create enmity, poison the minds of innocent people it must be curbed. That's what Supreme Court has said since 1950s. Therefore, please stop the telecast.

#KeralaHighCourt #KeralaStory #TheKeralaStory

Dave: See the film, if your conscience allows.. I will bow down.

Dave concludes.

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Senior Advocate George Poonthottam argues: The prayer is to recall the certificate. Normally, it should have been yesterday.. now, either your lordships may see it first..

#KeralaHighCourt #KeralaStory #TheKeralaStory

Poonthottam: The trailer can be exhibited right now.

Court: We'll go through the transcript.

Poonthottam takes court through description of the trailer.

#KeralaHighCourt #KeralaStory #TheKeralaStory

Poonthottam: They don't say it is fiction! They say it is reality. They say it is based on true events.

Court: No, they say it is inspired by true events. What is wrong in it? I don't understand what is so provocative.

#KeralaHighCourt #KeralaStory #TheKeralaStory twitter.com/i/web/status/1…

Poonthottam urges court to watch the film.

Court: You have to first convince us.. what is offensive in this? Ours is a democracy with secularism embedded in it.

#KeralaHighCourt#KeralaStory#TheKeralaStory

Poonthottam: Originally, they started by saying it is 32,000. Now they have reduced it to 3.

Court: There are routine number of movies where religious sects are shown in a bad light.

#KeralaHighCourt#KeralaStory#TheKeralaStory

Court: Constitution gives freedom of faith. You can say my God is the only God.

But if you say this to a person belonging to another religion, is it not offensive? But still constitution protects it.

Poonthottam: This is the most vulgar form of propagating.

#KeralaStory

Court watches the teaser of The Kerala Story.

#KeralaHighCourt #KeralaStory #TheKeralaStory

Court now watches the trailer of The Kerala Story.

#KeralaHighCourt #KeralaStory #TheKeralaStory

Court: Now, tell me what is against Islam? There is no allegation against the religion. The allegation is against ISIS.

Counsel: The theme is that Kerala is the centre of all ISIS activity!

Court: We need not go into veracity.

#KeralaHighCourt #KeralaStory #TheKeralaStory

Court: This is fiction! Merely because some religious head is shown in bad light is not a reason to ban the movie. This has been happening in Hindi and Malayalam movies for a long time!

#KeralaHighCourt #KeralaStory #TheKeralaStory

Counsel submits that investigation shows that there are no cases of love jihad.

Court: There are no ghosts and vampires also, but there are movies depicting them.

#KeralaHighCourt #KeralaStory #TheKeralaStory

Counsel shows Book My Show poster of the movie which says that the movie is based on true story.

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Counsel: In the first teaser it says it is true story of 32,000 girls. In the second teaser, religion came into play.

Your Lordships asks what is wrong, I will show that.

#KeralaHighCourt #KeralaStory #TheKeralaStory

Counsel: It is not required to see the film. Trailer is part of the film, which is itself likely to affect public order.

#KeralaHighCourt #KeralaStory #TheKeralaStory

Court: One religion says my God is the true God, that is allowed.

Counsel: Can they say your God is bad? No! Clergies are a different thing.

Court: If you make a speech that all Gods are bad, that is different. But cant I say in private?

#KeralaHighCourt #KeralaStory

Counsel: I can say my God is good, but not that your God is bad.
#KeralaHighCourt #KeralaStory #TheKeralaStory

Adv Shah: The effect will be that parents will feel they cannot send their children to a hostel with Muslim students.

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Adv Shah: My objection is only on the point that they say it is a true story.

Court: That ISIS should come and object. If these statements are offending someone, it is offending ISIS.

Adv Shah: It is offending Kerala!

#KeralaHighCourt #KeralaStory #TheKeralaStory

Adv Shah takes court through Cinematographer Rules.

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Adv Shah: Kindly see my reliefs, my contention is that.. offences are attracted and thus, certification is wrong. I filed a complaint. Inciting commission of offence has to be checked by the certifying authority.

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Adv Shah: Hate speech need not be in the form of speech. If there is likelihood of commission of offence, it is enough.

#KeralaHighCourt #KeralaStory #TheKeralaStory