Kochi, 26 Feb

The Kerala High Court on Thursday granted an interim stay against the release of the film ‘The Kerala Story 2-Goes Beyond’, saying that prima facie there is non-application of mind by the censor board while certifying the movie.

Justice Bechu Kurian Thomas passed the order on two pleas challenging the release of the film.

The film was scheduled to be released on 27 February.

The court in its order also said that the guidelines for ensuring a film does not disrupt social harmony appear not to have been adhered to by the Central Board of Film Certification (CBFC).

"Prima facie, these guidelines do not seem to have been borne in mind by the CBFC while granting certification and there is a manifest disregard of the applicable law, necessitating this court to interfere," it said.

It also said that dissemination of content, which has a tendency to create discord, disturb law and order, even undermine social harmony cannot come within the gamut of freedom of speech and expression enshrined in Article 19(1)(a) of the Constitution of India.

The court directed the central government to consider and pass orders within two weeks from Thursday on a revision petition moved by one of the petitioners -- Sreedev Namboodiri -- against the certification given to the movie.

The court said the Centre has to give an opportunity of hearing to the petitioner, CBFC and the producer - Vipul Amrutlal Shah - before passing any order on the revision petition.

"In the meantime, there will be an interim stay on the release of the film "The Kerala Story 2-Goes Beyond", and the respondent 2 (CBFC) and respondent 3 (Shah) are directed to ensure that the movie is not released for public viewing for a period of 13 days from today," the court said.

Three separate pleas have sought to quash the CBFC certificate granted to the film.

Of the three, the court dismissed one for lack of locus standi and allowed the remaining two, including the one by Namboodiri.

Besides quashing the movie's certification, Namboodiri'splea filed through advocate Maitreyi Sachidananda Hegde had also sought modifications, including reconsideration of the film's title.

The petitioner had alleged that the film was certified without due compliance with the statutory requirements under the Cinematograph Act, 1952.