'How Is Fair Trial Affected By A Movie?': Kerala High Court Questions Plea To Stall Film Allegedly Inspired By Venjaramoodu Mass Murder

The Kerala High Court on Tuesday (February 3) questioned the plea preferred by the father of the accused in the Venjaramoodu Mass Murder case challenging the theatrical release of the Malayalam movie Kaalam Paranja Kadha, which is stated to be inspired by the sensational murder case.

When the matter came up for admission, Justice Bechu Kurian Thomas expressed his disinclination to prevent the release of the movie and asked how the right to fair trial of a person is affected by a movie. The Court also questioned on what basis the petitioner has come to the conclusion that the movie is similar to the case.

"Why do you assume that it is the same?...How can we go by this? Some random person gives some information...On what basis? You are coming in the eleventh hour. Last moment you are coming, putting the Court also into a corner...Obviously, the film would have been given certification by the Censor Board...Court cannot rely upon social media platforms to come to a conclusion...Assuming it is the same, assuming it has got some similarity, what is wrong? These are all art, artwork. Movie is an artwork. It is creativity of an individual or a group of persons...How does it interfere with a trial? How would it affect? It's a judicially trained person who is going to hear the matter, consider the evidence," Justice Bechu orally asked.

The counsel argued that since the case is pending trial, the witnesses would be swayed by the movie narrative. On hearing the submission, the Court orally remarked:

"How will the witnesses be affected by a movie?...Very difficult to accept that proposition unless you make out some material. One, there is nothing to show that this is identical with that of the so-called murder case. Second, you are coming at the eleventh hour. That itself is a reason to decline. And third, obviously the movie would have got Censor Board Certification. And fourth, how would it affect the trial? If that is so, the media has not been restrained from narrating every case. Narrations are given repeatedly and for every case by the media...What fundamental right? How does the right to fair trial be affected by a movie? What do you mean to say is that they will be carried away by not what they actually saw but by a movie? Is that how we have to identify things?"

The Court then recalled an earlier plea preferred by Jolly Joseph, who is the accused in another sensational case, against the release of the webseries Anali. Therein, the interim prayer against release of the series was not allowed. Today, the Court took a similar stand and opined that the creativity of the movie makers must be protected, especially since no material has been produced to show that the movie would affect the fair trial of the accused.

It orally opined:

"I think there was an earlier instance of Cyanide case...The web series. I think there was a writ petition That was not restrained by this Court...There may be similarities in the story. Why should this Court interfere?...Your assumption. One, What is there to assume that this relates to the so and so murder case. Second, even if it is so, how does it affect a fair trial? Three, merely because a thin storyline of a murder case has been taken in for a movie, creativity of the director or the creativity of the storywriter or the scriptwriter and all of them working for the movie, that would be depicted in the movie. How does it affect the fair trial? Under what circumstances can it affect the fair trial?...Even if it is so, balance of convenience leans in favour of the movie being released."

The Court orally remarked that it is not inclined to grant an order and issued notice to the party respondents by special messenger. The case is posted on Thursday (February 5) for further consideration.