The Supreme Court on Friday issued a notice to the West Bengal government regarding the request made by the producers of the film 'The Kerala Story', who are disputing the decision made by the state government to prohibit the screening of the film in the state. The Supreme Court has also served a notice to Tamil Nadu regarding the informal prohibition of the film within the state. The Supreme Court heard a plea by the producers of the controversial multilingual film 'The Kerala Story' against the West Bengal government's ban on screening of the film after the makers said they are "losing money every day".
A bench of Chief Justice DY Chandrachud and Justice PS Narasimha questioned the West Bengal government saying the film is being screened in the rest of the country without any problem and there appears to be no reason for the ban, as per news agency PTI.
"Movie is running in the rest of the country including in states having similar demographic composition and nothing has happened. This has nothing to do with the artistic value of the film. If people do not like the movie, they will not watch the movie, the bench told senior advocate Abhishek Singhvi, appearing for the West Bengal government, as quoted by PTI.
The Supreme Court also requested the Tamil Nadu government to elucidate the actions it has implemented to ensure the protection of cinemas that are screening "The Kerala Story".
Citing intelligence inputs, Singhvi said that there may be a situation of law and order problem and peace among different communities may be breached.
Senior advocate Harish Salve, appearing for producers of the movie, said that there is a de facto ban in Tamil Nadu as theatres screening the movie are being threatened and they have dropped the screenings.
"The state government cannot say that it will look the other way when theatres are attacked and chairs are being burnt," the bench told advocate Amit Anand Tiwari, appearing for the Tamil Nadu government, after he submitted that there is no ban on the movie.
"We are issuing notices to both the states and they may file their response by Wednesday. We will take up the matter on Thursday," the bench said, as per PTI.
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'The Kerala Story': SC Dismissed Plea Challenging CBFC Certification
Previously, Senior advocate Harish Salve, while mentioning the matter for urgent listing before a bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha, said the petition challenges the ban by the West Bengal government and the "de-facto" ban in Tamil Nadu.
'The Kerala Story' starring Adah Sharma was released in cinemas on May 5. Directed by Sudipto Sen, the film depicts that women from Kerala are allegedly forced to convert to Islam and then allegedly recruited by the terror group Islamic State(IS).
On May 4, the Supreme Court refused to entertain for a third time a plea challenging the Central Board of Film Certification (CBFC) certification granted to the film, saying courts must be very careful while staying exhibition of films. It had observed that producers have invested money in the film and actors have dedicated their labour, and it is for the market to decide if the film is not up to the mark.
On May 8, West Bengal Chief Minister Mamata Banerjee ordered an immediate ban on the screening of the film in the state to avoid "any incident of hatred and violence", a senior state government official said, as per PTI.
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Kerala HC Refused To Stay Release Of 'The Kerala Story', Film Producers Withdraw Statement That "32,000 Women" Converted
The Kerala High Court on May 5 refused to stay the release of the film and said the trailer does not contain anything offensive to any particular community as a whole. It noted the producers' submission that they do not intend to retain an "offending teaser" which contained a statement that "32,000 women" from Kerala were converted and joined a terrorist organisation.
The Kerala HC said the CBFC has examined the film and found it suitable for public exhibition.
The high court had also noted that the producers have published a disclaimer along with the film which specifically says it is fictionalised and a dramatised version of events and that the film doesn't claim accuracy or factuality of historic events.
"In view of the disclaimer also, we are not inclined to pass an interim order restraining the respondents from exhibiting the film as such. In view of the above and taking into consideration the statement made by the producer that the producer does not intend to retain the offending teaser in their social media handles, no further orders are necessary in this petition at this stage," the high court said while hearing a batch of petitions which sought to set aside the certificate for public display given to the film by the Censor board among other pleas including to ban it, as quoted by PTI.
The petitions before the high court contending that the film "falsely portrayed" certain facts which had resulted in "insulting" the people of Kerala, and sought a stay on the film's release.