Supreme Court Concludes Proceedings on The Kerala Story Petitions While Leaving CBFC Legal Question Open for Future Consideration

The Supreme Court has disposed of petitions regarding the controversial 2023 film The Kerala Story, while keeping the fundamental legal question regarding challenges to CBFC film certifications open for future examination.

The Supreme Court of India on Friday formally closed legal proceedings related to the controversial 2023 film The Kerala Story. A bench headed by Chief Justice Surya Kant, which also comprised Justice Joymalya Bagchi and Justice V. Mohana, disposed of the petitions associated with the movie. However, the apex court decided to leave open the larger legal question concerning statutory challenges to film certifications issued by the Central Board of Film Certification (CBFC).

During Friday's proceedings, the Supreme Court bench resolved a batch of pending matters. Several of these cases had been filed during the COVID-19 pandemic, while others had become redundant over time. In this context, the bench noted that two petitions seeking the cancellation of the CBFC certificate granted to The Kerala Story were now infructuous, as the movie had already completed its theatrical run.

Legal Debates Over CBFC Certification and Third-Party Rights
Advocate Nizam Pasha appeared on behalf of petitioners Qurban Ali and B. R. Arvindakshan in two of the main cases. He contended before the court that despite the film's release, the core issues raised by his clients remained deeply relevant and required judicial scrutiny. Pasha emphasized that the movie continues to be accessible to audiences on OTT platforms, keeping the debate around its content active.

Pasha highlighted a ruling by the Kerala High Court while disposing of a related writ petition. The High Court had held that a challenge against a CBFC certificate by a third party was not maintainable. The advocate argued that while statutory remedies against certification decisions are available to film producers, no such statutory mechanism exists for members of the public who may feel aggrieved or hurt by a film's theme. Consequently, affected individuals are forced to approach constitutional courts through writ petitions.

Responding to these submissions, Justice Joymalya Bagchi remarked that the legal question regarding who can challenge CBFC certificates and through what remedies could be left open for future deliberation in an appropriate case. Advocate Pasha also urged the court to frame clear guidelines to tackle films that allegedly promote hate speech. In response, Chief Justice Surya Kant suggested that the petitioners could file a separate, comprehensive writ petition if they sought broader general guidelines on the matter.

Withdrawal of Producers' Plea and History of the West Bengal Ban
A third petition filed by the film's production house, Sunshine Pictures Private Limited, and producer Vipul Amrutlal Shah was formally withdrawn during Friday's hearing. This plea had originally been moved to challenge the ban imposed on the film's screening by the then West Bengal government in 2023.

In May 2023, the Supreme Court had granted interim relief by staying the state government's ban on the movie. Pasha explained that the petitioners had initially approached the Supreme Court against an interim order of the High Court, after which the High Court disposed of the matter on the grounds that the Supreme Court was already seized of the issue.

Background of The Kerala Story and Related Entertainment News
Directed by Sudipto Sen and produced by Vipul Amrutlal Shah, The Kerala Story generated intense public discourse upon its release in 2023. The film's narrative revolves around allegations of Hindu women in Kerala being converted to Islam and subsequently recruited into the terrorist organization Islamic State (ISIS).

In another update from the entertainment sphere mentioned in the reports, actor Arjun Rampal has solemnized his marriage with his girlfriend Gabriella in court. Rampal has become a father twice in the past six years with Gabriella, and he also has two children from his first marriage.

What this means for you
For Citizens Nationwide: The Supreme Court has kept open the legal window for citizens to challenge film certification decisions in future appropriate cases.

For the Film Industry: Broad guidelines regarding controversial content and alleged hate speech in cinema may be framed through future comprehensive petitions.

Questions & Answers

1. What did the Supreme Court decide regarding petitions on The Kerala Story?
The Supreme Court closed proceedings on petitions related to the film as it had already been released, but left open the legal question regarding public challenges to CBFC film certification.

2. Which judges were on the Supreme Court bench that heard this matter?
The bench was headed by Chief Justice Surya Kant, alongside Justice Joymalya Bagchi and Justice V. Mohana.

3. What arguments did the petitioners' counsel present regarding CBFC certification?
Advocate Nizam Pasha argued that aggrieved members of the public lack a statutory remedy against CBFC certificates, necessitating constitutional writ petitions.

4. Why did the producers of The Kerala Story withdraw their petition?
Producers Vipul Amrutlal Shah and Sunshine Pictures withdrew their plea challenging the West Bengal government's ban after the Supreme Court stayed the ban in May 2023.

5. Who are the director and producer of The Kerala Story?
The film was directed by Sudipto Sen and produced by Vipul Amrutlal Shah.

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