“Kerala Is Secular”: Kerala High Court Questions CBFC Over Certification of ‘Kerala Story 2’, to Watch Film Before Deciding Stay Plea

The Kerala High Court on Tuesday raised serious questions over the certification granted to the film The Kerala Story 2 – Goes Beyond in Sreedev Namboodiri v. Union of India & Ors and connected cases. The Court indicated that it would personally watch the movie before passing any interim order.

Justice Bechu Kurian Thomas examined three petitions seeking a stay on the film’s release and cancellation of the certificate issued by the Central Board of Film Certification. The petitioners argued that the film could disturb communal harmony in the State.

During the hearing, the judge remarked, “Kerala is so secular. It lives with total harmony but have you considered this when something is portrayed as happening all over the state? There is a wrong indication and can even incite passion and that is when the censor board (CBFC) comes in picture.”

The Court noted that the film claims to be inspired by true events. Justice Thomas observed that such a claim carries weight and may justify concerns about misrepresentation. He said that when a film links itself to real incidents, the responsibility becomes greater.

The judge also pointed out that including the name “Kerala” in the title cannot be ignored. “Apprehensions of people in Kerala cannot be ignored because you have given the name Kerala,” he said, adding that although courts usually avoid interfering with artistic work, the religious theme requires caution.

Justice Thomas further questioned whether the film follows the guidelines of the CBFC, which prohibit content that is contemptuous of religious or racial groups. He remarked that creative freedom exists, but it must operate within legal boundaries.

Senior Advocate S Sreekumar, appearing for the producers, agreed to remove the released teasers until the Court delivers its verdict. He also informed the Court that a special screening could be arranged for the judge.

One of the petitions was filed by Sreedev Namboodiri from Kannur. He contended that the sequel unfairly portrays Kerala and may create law and order problems. He specifically objected to the teaser’s closing line, “ab sahenge nahin… ladenge,” calling it a direct call for confrontation.

Another petitioner, Freddy V Francis, challenged the use of the word “Kerala” in the title. He argued that it unfairly associates terrorism and forced religious conversion only with Kerala, though the narrative allegedly involves characters from other States as well.

The petitioners relied on Section 5B of the Cinematograph Act, 1952, stating that certification must consider public order, decency and morality. They also invoked Articles 14, 19(1)(a), and 21 of the Constitution.

A third plea was filed by advocate Athul Roy, who appeared in person. The Court has listed the matter for further hearing after the screening.