The Kerala High Court on Friday vacated the interim stay imposed on the release of Kerala Story 2 – Goes Beyond, clearing the way for the film’s theatrical rollout. A Division Bench of Justices SA Dharmadhikari and PV Balakrishnan set aside the order passed a day earlier by single-judge Justice Bechu Kurian Thomas, who had stayed the film’s release for 15 days and directed the Central Board of Film Certification (CBFC) to examine representations made against it.
Justice Thomas had issued the interim stay at 3 pm on Thursday while hearing two petitions challenging the film. He observed that there was, prima facie, an absence of application of mind by the CBFC while granting certification and asked the Board to consider revision petitions within two weeks. The order restrained the makers from releasing the film during this period.
Later that evening, at 7.30 pm, the Division Bench convened an urgent special sitting to hear an appeal filed by the film’s producers. After a hearing that lasted over two hours, the Bench reserved its verdict and pronounced it at 4 pm on Friday, lifting the stay.
The petitions before the single judge had contended that the sequel misrepresented Kerala and had the potential to incite communal disharmony. One plea, filed by Kannur resident Sreedev Namboodiri, objected to the film’s title, teaser and trailer, alleging that certain themes and dialogues could trigger violence and unfairly stigmatise the State. He specifically flagged the teaser’s closing line — “ab sahenge nahin… ladenge” — arguing that it amounted to a call for confrontation.
Another petition by Freddie V Francis sought a ban on the film and challenged the use of the term “Kerala” in the title, contending that it falsely associated the State with terrorism and forced religious conversion, despite the narrative involving characters from multiple States. The petitioner described the film as “marketing of hate” and questioned its claim of being based on true events.
In his interim order, Justice Thomas said that while courts are generally reluctant to interfere with film releases, judicial intervention becomes necessary where the alleged content has the genuine potential to disturb communal harmony.
Challenging the stay, the producers moved the Division Bench, stressing that the film was scheduled for international release on Friday. Senior Advocates Neeraj Kishan Kaul and Elvin Peter, appearing for the makers, argued that the petitioners lacked locus standi to maintain a regular writ petition as their grievances were in the nature of a Public Interest Litigation.
They further submitted that CBFC certification carries a strong presumption of regularity, that the film contains a prominent disclaimer, and that its narrative spans multiple States rather than focusing solely on Kerala. The counsel also argued that restraining the release of a certified film prior to screening amounts to the most extreme form of censorship, and that judicial precedents caution against such pre-release restrictions on free speech.
With the Division Bench vacating the interim stay, the film is now set to proceed with its release as scheduled.
Also Read: Kerala HC Division Bench hears appeal against stay on The Kerala Story 2; verdict reserved
