Kerala High Court Judge Recuses From Hearing Plea Against 'Kerala Story 2' Certification

Kerala High Court judge Justice Bechu Kurian Thomas on Monday (June 15) recused from hearing a plea challenging certification of the film The Kerala Story 2: Goes Beyond and seeking removal of 'Kerala' from the movie title.

When the matter came up today, the judge orally remarked that the plea has become infructuous. He also decided to recuse from hearing the matter since he had already taken a view in two other writ petitions seeking similar reliefs.

"It has already become infructuous. Notice has not been issued. Already become infructuous. I've already dismissed two cases...Avoid. I've already taken a view," Justice Bechu orally said.

The movie was released on February 27 after Justice Bechu's interim order, in other two writ petitions, staying release of the movie was lifted vide an interim order by the Division Bench.

Subsequently, the afore two pleas were dismissed and last week, the Division Bench of the High Court had also dismissed as 'infructuous' the appeals preferred by the Centre and the producer.

The Union and the CBFC had filed appeals challenging the order, 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. While dismissing the appeals, the Division Bench had left open the question of law raised by the CBFC and Union regarding maintainability of private interest litigations challenging certification granted to a film alleging disrepute to a State.

In the last hearing of the present plea, the counsel appearing for the producer Vipul Amrutlal Shah had submitted that the present litigation must be condemned.

The plea also alleges that the producer of the film committed offences punishable under Sections 196 [Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony], 197 [Imputations, assertions prejudicial to national integration] and 299 [Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs] of the Bharatiya Nyaya Sanhita (BNS) and that the contents of the film are prejudicial to public harmony.

The petition is moved by Advocate Chelson Chembarathy.

Case No: WP(C) 11010/2026

Case Title: Yohan George v. Union of India