A division bench of the Kerala High Court on Friday lifted the interim stay on the release of ‘The Kerala Story 2 – Goes Beyond’. After this decision of the court, the way for the screening of the film was cleared. The division bench of Justice Sushruta Arvind Dharmadhikari and Justice PV Balakrishnan quashed the earlier order of the single bench. In this, the release of the film was banned for 15 days.

After hearing the arguments presented by the film’s producer Vipul Amritlal Shah, who had appealed against the interim order of the single judge. The bench said that the arguments opposing the certification of the film were like a public interest litigation. He questioned how a single judge could hear it.

This order was given after detailed arguments from all the parties that lasted till late Thursday night, which emphasized the urgency and high stakes of the case.

The producers had approached the division bench within hours of the single bench’s interim stay, arguing that the suspension issued a day before the release would cause huge financial losses and hamper distribution plans across the country. This film was to be released on Friday.

The film’s actress Aditi Bhatia has posted and written – The truth should be seen. The Kerala Story 2 is now in theatres.

Controversy regarding Kerala Story 2

The controversy surrounding the film has reignited debate in political and social circles, reminiscent of the heated discussions that took place over the earlier issue. The petitioners opposing the release had sought judicial intervention citing concerns regarding the content. On the other hand, the film-makers said that this work falls within the scope of creative expression protected by law. After the stay is lifted, theater owners and distributors are now expected to conduct the screenings as per plan.

Kerala Story 2 will have an impact on the box office.

Industry experts say that the legal battle may have increased people’s interest, which may affect the box office prospects in the coming days.

Kerala High Court on Thursday issued a notice to the makers of Hindi feature film ‘Kerala Story-2’. This notice was issued during the hearing on the writ petition, in which the certification given to the film by the Central Board of Film Certification (CBFC) has been challenged.

In the petition, objection has been raised to the teaser and trailer of the film. The petitioner says that the publicity material has depicted women from different states being forced into religious conversion by ensnaring them through love affairs. Although the alleged story is said to be spread across several states, the title of the film presents incidents like terrorism, forced conversion and demographic conspiracy as being linked to Kerala only.

Expressed this objection regarding the film

In the petition, objection has also been registered on the Hindi slogan given at the end of the teaser ‘Ab Sahenge Nahi, Ladenge’. The petitioner argues that this slogan appears to call for retaliatory action and is likely to incite communal tension.

It has been alleged in the petition that CBFC did not properly follow the statutory provisions prescribed under Section 5B of the Cinematograph Act, 1952. According to this section, certification cannot be given to films which are against public order, decency or morality or have the potential to incite crime.

The petitioner has also cited the case related to the film The Kerala Story, released in the year 2023, which was heard in the Supreme Court. At that time, the producers had agreed to add a disclaimer clarifying that authentic data was not available for some of the figures presented in the film. The story is partly fictional.

The petition said that despite earlier judicial scrutiny, the sequel was certified without adequate testing, while the potential impact of its content on communal harmony and regional dignity could be serious. Although the petition accepts that freedom of expression is protected under Article 19(1)(a) of the Constitution, it also highlights that this freedom is subject to reasonable restrictions in the interest of public order.

When will the next hearing be held?

Apart from this, citing sections 196 and 197 of the Indian Judicial Code, 2023, it has been claimed that the content of the film may promote enmity between religious or regional groups. The next hearing of the case has been scheduled for Tuesday.