Kerala High Court Reserves Verdict On Appeals Against 'Haal' Movie

The Kerala High Court on Monday (December 8) reserved its verdict on appeals challenging single judge's decision setting aside A certificate granted to 'Haal' movie.

Appeals filed by Centre, Central Board of Film Certification and Catholic Congress were considered together by the Bench of Justice Sushrut Arvind Dharmadhikari and Justice P.V. Balakrishnan.

During the hearing the counsel appearing for Christian outfit submitted that there were a lot of scenes showing "forceful religious conversion".

He said that he had objection regarding depiction of Love Jihad.

"Their (producer) submission is that this a love story. My contention is that love story...in the background of Love jihad...misrepresentation of inter-faith relationship commonly referred to as Love Jihad...negatively stereotyping Muslim and Christian community...undermining Christian religious practices by favouring one narrative...using cinematic tools, dialogues and music to promote one sided propaganda and manipulate audiences," he said.

He submitted that his case was that the movie can progress without depicting love jihad.

The court however orally asked,

"Where is question of love jihad in the entire movie?…it is just like a love story…ultimately girl's father also says he was wrong. Initially there is resistance always because people feel girl and boy should marry in the same religion. But after some time, passage of time even the girl's father also realizes he made a mistake. After all nothing is going to happen if they chose to marry each other".

Two separate appeals were preferred by Catholic Congress and the Centre against the decision of the Single Judge in quashing the A-certification and cuts to the movie 'Haal' starring Shane Nigam.

The Revising Committee had suggested to cut around six scenes in the film, including a beef biriyani eating scene, a sequence in song where heroine uses Muslim religious attire to hide her identity, scenes where the police are stated to be portrayed in "a bad light", etc. Challenging this, a writ petition was filed before the Court by the Director and producer of the movie.

The Single Judge had quashed the Film Board's A-certification and cuts to the movie, while holding that the film was in tune with the foundational principles enunciated in the Constitution of India. It had then directed the Board to re-consider the certification to the movie.

Appeals were preferred against this decision.

The appeal by Catholic Congress argued that the film depicts the Bishop of Thamarassery as a supporter of inter-faith marriages, when his known public stance is otherwise. It also objected to the filming of the Bishop's house from outside. The Catholic Congress prayed that the quashing of excisions 2 to 4 by the Single Judge be set aside.

The Centre's plea raised the issue of maintainability before the Bench and argued that the writ petition ought not to have been entertained by the Single Judge.

The division bench had earlier decided to watch the movie before passing any orders on the appeals. It had also made it clear that costs would be imposed if it finds that there were no objectionable content in the film as alleged.

Case No: WA 2926/ 2025 and connected case

Case Title: Union of India and Ors. v. Juby Thomas and Ors. and connected case.