Kerala HC refuses to stay release of ‘The Kerala Story’, says allegation against ISIS not religion

Kerala High Court on Friday refused to put a ban on Sudipto Sen's controversial film The Kerala Story. A division bench of the Kerala High Court rejected a petition against the release of the controversial film. The petition sought a directive to cancel the ‘A’ certification granted to the movie by the Central Board of Film Certification (CBFC).

The Kerala High Court division bench refused to stay the screening of the film The Kerala Story, whose trailer caused much uproar.The film's trailer claimed that tens of thousands of girls from non-Muslim communities have disappeared from Kerala and joined terror groups such as Islamic State.

After watching the trailer of the movie, a division bench of Justices N Nagaresh and Sophy Thomas said that it does not contain anything against Islam or Muslims as a whole but was about ISIS.

“What is against Islam? There is no allegation against the religion. The allegation is against ISIS,” the bench remarked.

“Going through the trailers of the movie, we find it does not contain anything offensive to any particular community as a whole. None of the petitioners have watched movie,” the Court noted in its order, said a Bar and Bench report.

The bench remarked thatHindu sanyasis are depicted as smugglers or rapists inumpteen movies but it has not led to any adverse consequences.

"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," said Justice Nagaresh.

After hearing all parties at length, the courtrefused to the stay the release of the film and further noted that the CBFC has examined the movie and found it suitable for public exhibition.

"As provided by guidelines, the board has considered and examined the movie. From the statement of the Deputy Solicitor General, the producers have published a disclaimer that the film is fictionalised and dramatised. We are not inclined to pass an interim order restraining exhibition of film," the court said.

Rubbishing the claims made in the movie that about 32,000 women were converted and sent for terror missions, the petitioners termed it fictitious that has no connection with reality.The producer of "The Kerala Story" told Kerala High Court that the teaser of the movie, which claimed that over 32,000 women from Kerala were recruited to ISIS, will be removed from their social media accounts. High Court has recorded the statement, reported Live Law.

Those who are now opposing the movie call it incredulous. However, the makers of the film are refusing to back down. The bench consisted of N Nagaresh and Mohammed Nias C P.

This comes as Indian Supreme Court on Thursday refused to entertain a plea which sought to change the disclaimer of the movie from 'true story' to 'fiction'.

Earlier, Indian Supreme Court urged the petitioners to approach Kerala High Court for the matter.The petitioners also claimed that the statements used for the movie teaser will destroy the secular fabric of the state.

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Clearing the air amid the controversy that has gained much traction not only in the Indian southern state but in all parts of the country, the film certification body in its counter affidavit filed in the high court, said the film does not claim accuracy of facts pertaining to historical events.

It added that the film is not offensive towards any person, dead or living, or against any organisation, any faith or any community.All events have been further verified and corroborated by historians, experts and various news reports, as per the film certification body.

Earlier, the Madras High Court also rejected a plea which sought ban on release of "The Kerala Story".

"Why are you coming so late? If you'd come earlier, we could've asked someone to watch the movie and decide. You have not seen the movie yet. How can you assume that there will be problems? Moreover, the Kerala High Court is already seized of the matter..We're dismissing this case, sir. The Kerala High Court and the Supreme Court have already dealt with the issue," Justice Chandira said.

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