Centre, CBFC Move High Court Questioning Order Upholding Maintainability Of Pleas Against Certification Granted To 'Kerala Story 2' Movie

The Union Government and the Central Board of Film Certification (CFBC) have moved the Kerala High Court in appeal against a single judge's common interim order passed in pleas challenging certification granted to 'Kerala Story 2 - Goes Beyond' film which was released on February 27.

The appellants have challenged the order which upheld the maintainability of the petitions opposing censor certificate, wherein the single judge had held that petitioners in two of the writ petitions had sufficiently proved their locus standi, individual grievances and the maintainability of the pleas. 

When the matter came up on Wednesday (June 3) before the Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice A.K. Preeta, Advocate Maitreyi Hegde appearing for one of the writ petitioners submitted that the Single Bench had dismissed the plea as 'infructuous' two days back.

However, the central government counsel appearing for the Union and CBFC raised a question of law regarding maintainability of petition before the single judge bench. He submitted:

"The question of law may be left open...On maintainability, we had raised. Whether it should have been filed as a public interest litigation or a regular writ petition? Can any member of the public challenge certification saying that the whole State was..."

The CGC further submitted that one of the appeals filed by the Union through the Deputy Solicitor General of India had not come up today. Taking note of the same, the Court adjourned the matter to Friday (June 5).

The challenge in the appeal is against the interim order granted by the Single Bench staying the release of the film and finding that certification granted to the film can be challenged even by private parties, who are aggrieved.

The stay was lifted the very next day by a co-ordinate Division Bench while considering appeals preferred by the producer of the film. 

The CBFC and the producer of the film had raised the question of maintainability of the writ petitions before the Single Judge as well as in appeal. It was their case that only public interest litigation would be maintainable.

The prequel of the film was also subjected to multiple litigation before the Kerala and Madras High Court as well as the Apex Court. The present movie was also challenged in a public interest litigation and several private pleas.

Case No: WA 1113/ 2026 and connected cases

Case Title: Union of India and Anr. v. Sreedev Namboodiri and Ors. and connected case