HC issues notice to 'Kerala Story 2' producer

The Kerala High Court on Thursday issued an urgent notice to filmmaker Vipul Amrutlal Shah, producer of "Kerala Story 2: Goes Beyond", on a petition challenging the film’s certification and seeking removal of the word "Kerala" from its title.

A bench of Justice P.V. Kunhikrishnan, while hearing the plea, questioned whether the petition had become ineffective since the film had already been released and had been watched by a large number of people.

The court, however, agreed to consider the matter after the petitioner pointed out that the film’s OTT release was still relevant.

The counsel for the petitioner argued that the issue continued to survive as the movie was now available on digital platforms.

The court also noted that the question of whether such a petition challenging a film certification was legally maintainable could be examined at the final hearing stage.

The petition has been filed against the certification granted to the film, alleging that its content harms the reputation of Kerala and creates social disharmony.

The petitioner has accused the producer of offences under provisions of the Bharatiya Nyaya Sanhita relating to promoting enmity between groups, acts prejudicial to national integration, and deliberate acts intended to hurt religious sentiments.

The plea has also sought to implead Zee Entertainment Enterprises Limited, as the film was released on an OTT platform on May 1.

The petitioner has submitted additional documents, including an email sent to the OTT platform’s grievance officer and screenshots from social media alleging that the film was being projected as a factual account and used to promote a narrative against Keralites and minority communities.

The latest petition comes after an earlier round of litigation over the film’s release. Justice Bechu Kurian Thomas had earlier recused himself from hearing the matter.

The movie was released after a Division Bench lifted an interim order that had temporarily stayed its release.

Subsequently, earlier petitions were dismissed, and the High Court had also dismissed as infructuous appeals filed by the Centre and the producer.

While dealing with those appeals, the Division Bench had left open the larger legal question raised by the Central Board of Film Certification and the Union government regarding the maintainability of private petitions challenging certification granted to a film on the ground that it allegedly damages the reputation of a state.

The court will now examine the fresh plea, even as the film continues to remain available through digital release.