The Supreme Court on Wednesday, while refusing to entertain the writ petitions filed against controversial film “The Kerala Story”, told the petitioners to approach the Kerala High Court, as a similar petition was pending there.
Noting that the Kerala High Court was seized of a similar matter, the Bench of Chief Justice of India D.Y. Chandrachud and Justice P.S. Narasimha disposed of the pleas and granted liberty to the petitioners to seek an early hearing in the High Court before the movie hit the theatres.
The Apex Court noted that the reliefs sought by the petitioners under Article 32 of the Constitution could be sought before the High Court under Article 226 of the Constitution. It further said that the High Court ‘may consider’ the request for an early listing in the case.
The matter was mentioned by Advocate Vrinda Grover before the CJI seeking urgent listing on Thursday, saying that the film would be released on May 5.
Advocate Nizam Pasha also mentioned the petition filed by Islamic clerics body Jamiat Ulema-i-Hind challenging the film’s release. While Grover’s petition sought a modification in the disclaimer of the film to state that it was wholly fictional, Pasha’s petition sought a complete ban on the movie.
Representing the makers of the controversial flick, Senior Advocate Harish Salve opposed the petitions.
Grover contended that the petitioner was not seeking a complete ban of the movie, but a disclaimer saying that it was a work of fiction. As per the lawyer, the opening shot of the movie as well as the way it was advertised, portrayed that it was based on a true story. The Advocate alleged that the movie, which was slated for a pan-India release, vilified the entire community. She further pointed out that there was no disclaimer.
However, Nizam Pasha submitted that his petition sought different reliefs. They sought stay on the release of the movie itself and not just a modification of its disclaimer.
Directed by Sudipto Sen and produced by Vipul Amrutlal Shah, the film courted controversy for making claims that nearly 32,000 women from Kerala were converted through deceit into Islam and forced to join ISIS.
Kerala Chief Minister Pinarayi Vijayan, the ruling party of the state CPI(M) and the opposition Congress have come out against the flick, saying that it was peddling false propaganda to create communal hatred and portray the state in a bad light.