What’s the Controversy Surrounding 'The Kerala Story 2 - Goes Beyond'? Producer Defends Film in Court
Producer's Defense Against Legal Challenges
Kochi: The producer of The Kerala Story 2 - Goes Beyond has informed the Kerala High Court that the objections raised against the film's release are "premature, misconceived, and not maintainable."
This statement was made by producer Vipul Amrutlal Shah in an affidavit submitted to the High Court on Tuesday.
Justice Bechu Kurian Thomas announced that he would review the petitions in detail at 3 PM on Wednesday.
In his affidavit, Shah argued that the Central Board of Film Certification (CBFC) is the only expert body authorized under the Cinematograph Act of 1952 to evaluate films and grant them certification for public viewing.
"The court's supervisory authority does not allow it to replace the expert judgment of the certifying body with its own assessment of a film's content," he stated.
Shah also dismissed the allegations made in the petitions as "an abuse and misuse of legal processes."
He specifically referred to the petition filed by Sreedev Namboodiri from Kannavam in Kannur district, claiming it was submitted with malicious intent to gain financial advantage.
Shah noted that the film's teasers were released 16 days prior to the petition's filing.
He emphasized that a certified film cannot be restricted from being shown based solely on a two-minute teaser without a thorough review of the entire film.
He warned that imposing prior restraint without examining the complete film and without any prima facie evidence of legal issues in the CBFC's decision would cause significant and irreversible economic damage to him, thousands of exhibitors, and distribution partners nationwide.
"The film is set to be released in over 1,800 theaters across India and internationally," Shah asserted.
Regarding the film's title, he clarified that the term 'Goes Beyond' is not merely decorative but serves as a clear indication that the film's narrative extends beyond Kerala.
"The definite article 'The' in the title refers to the first film in the series and does not limit the subject matter to Kerala alone," the affidavit stated.
Shah also mentioned that if there were concerns about potential protests affecting public order, it is the state's responsibility to address those issues, not to halt the film's release.
"Allowing any individual or group to effectively veto the screening of a certified film by threatening disorder would undermine both the CBFC certification process and the constitutional right to free expression," he added.
The court had previously noted that the film's teasers and trailers misrepresent Kerala as a place lacking communal harmony.
It also expressed concern that using the state's name and claiming the film is based on factual events could incite communal tensions.
Three separate petitions have been filed seeking to revoke the public viewing certificate granted to 'The Kerala Story 2 - Goes Beyond,' which is scheduled for release on February 27.
One of these petitions was submitted by Sreedev Namboodiri, who has named the Ministry of Information and Broadcasting, the CBFC, and producer Vipul Amrutlal Shah as respondents.
In addition to revoking the certification, Namboodiri's petition, represented by advocate Maitreyi Sachidananda Hegde, seeks modifications, including a reconsideration of the film's title.
The petitioner argues that the CBFC certified the film for public viewing without adhering to the statutory requirements outlined in the Cinematograph Act of 1952.
The petition claims that the film's teaser and trailer depict narratives involving women from various states while branding the content as 'The Kerala Story,' thereby linking alleged incidents of terrorism, forced conversion, and demographic conspiracy solely to Kerala.
"Such portrayals could stigmatize an entire regional population, disrupt public order, and incite communal and regional discord," the petition warns.