The release of The Kerala Story 2 – Goes Beyond hit a legal hurdle on Thursday after the Kerala High Court convened a special evening sitting to hear an urgent appeal filed by the film’s producers. The appeal was moved after a single-judge bench earlier in the day stayed the film’s release for 15 days and directed the Central Board of Film Certification (CBFC) to examine complaints raised against it.
What triggered the appeal
At around 2.30 pm, Justice Bechu Kurian Thomas passed an interim order restraining the release of the film while asking the CBFC to consider revision petitions filed by the objectors within two weeks. The judge observed that there appeared to be a prima facie lack of application of mind by the CBFC while granting certification.
The film, however, is slated for release on Friday, including in international markets, prompting the producers to seek immediate relief.
Division Bench questions process
A Division Bench of Justices SA Dharmadhikari and PV Balakrishnan assembled at 7.30 pm and heard arguments for nearly two hours before reserving its verdict.
During the hearing, the Bench raised concerns about whether the single judge had the jurisdiction to hear the matter in the first place. “Order passed by any bench outside jurisdiction will be automatically nullified,” the Bench remarked. Justice Dharmadhikari also observed that the proceedings appeared to have been conducted in haste, noting that “Nobody had time to apply their mind.”
Producers cite free speech and financial loss
Senior Advocate Neeraj Kishan Kaul, appearing for the producers, argued that the single-judge order does not clearly explain how the CBFC’s certification was “manifestly arbitrary.” He maintained that the court should not substitute its view for that of an expert body that had already examined the film.
Kaul contended that portraying a social evil within a section of society does not amount to denigrating an entire State or religion. He also highlighted the commercial implications of the stay, stating that the film was set to release in over 1,500 theatres in India and hundreds overseas. According to him, delaying the release could lead to financial losses and increase the risk of piracy.
Counsel for the producers further argued that the title’s suffix “Goes Beyond” indicates that the narrative is not confined to Kerala alone.
Petitioners raise concerns over communal harmony
The petitions challenging the film contend that the sequel misrepresents Kerala and could incite communal disharmony. One petitioner objected to the teaser’s closing line, arguing that it could be interpreted as a call to confrontation. Another challenged the use of the word “Kerala” in the title, claiming it unfairly associates the State with terrorism and forced conversions.
Appearing for one of the petitioners, counsel submitted that the plea is not a public interest litigation but a personal grievance relating to reputation and identity. It was argued that depicting the State in a negative light could affect Malayalis, particularly those living and working outside Kerala.
The petitioners also referred to the controversy surrounding the first instalment, The Kerala Story, which had faced legal challenges over its claims and promotional material.
What happens next?
The Division Bench has reserved its order on the producers’ appeal. Until a decision is pronounced, the 15-day stay imposed by the single judge remains in place, placing the film’s scheduled release in uncertainty.
The matter is now poised for a crucial ruling that will determine whether the sequel proceeds to theatres as planned or remains stalled pending further review.
Also Read: Kerala High Court stays release of The Kerala Story 2, directs CBFC to re-examine the film
