Kerala High Court Rejects Appeals By Centre, Catholic Congress Against 'Haal' Movie

The Kerala High Court on Friday (December 12) dismissed appeals filed by the Union Government and the Catholic Congress challenging the Single Bench's decision quashing the A-certification and cuts to the movie 'Haal'.The Division Bench comprising Justice Arvind Sushrut Dharmadhikari and Justice P.V. Balakrishnan delivered the verdict.In its appeal Catholic Congress had opposed the portrayal of the Bishop of Thamarassery in the film contrary to his known stance against inter-faith marriages. The Single Bench had held that such a portrayal was well within the creative freedom of the filmmakers.It was further contended by the Christian outfit that the movie was a propaganda movie, meant to downplay the serious issue of 'Love Jihad'. The Union's and the censor board's appeal made arguments against the maintainability of the filmmaker's plea as a writ petition under Article 226 of the Constitution.BackgroundThe movie starring Shane Nigam was originally set to release on September 12. However, due to delay in the certification to the film, the filmmakers had approached the High Court and subsequently, the Censor Board's Revising had passed an order giving A certification subject to 6 cuts to the film, including the controversial beef biriyani scene.At this juncture, the producer and director of the movie approached the High Court again, this time challenging the certification and the excisions suggested. During the course of the hearing before the Single Judge, the Catholic Congress and an office bearer of the RSS got impleaded in the plea to put forth their objections to the film.The Single Bench had then watched the movie and after hearing detailed arguments, reserved its verdict. The Single Judge disposed of the filmmakers' plea quashing the censor board's order and found that the excisions 1 to 4 were unwarranted. These included the dance sequence where the Christian heroine is wearing burqa, the scene showing the house of the Bishop of Thamarassery, the police interrogation scenes, suggestion to blur the name of Christian institution, etc.Since the filmmakers themselves acceded to removing excisions 5 and 6, the merits of these were not considered by the Single Judge. Excisions 5 and 6 included the beef biriyani scene, certain dialogues regarding a cultural organisation, scenes of court proceedings, etc. In the judgment, the Single Judge had directed the censor board to reconsider certification to the film.Aggrieved by the decision, the Catholic Congress filed a writ appeal challenging the Single Judge's finding. The Division Bench then decided to watch the film before considering the appeal. Then the Union along with the censor board preferred another writ appeal. Both were considered together and the Division Bench had reserved its verdict.Case Nos: WA 2803/ 2025 & WA 2926/ 2025Case Title: Catholic Congress v. Juby Thomas and Ors. & Union of India and Ors. v. Juby Thomas and Ors.Citation: 2025 LiveLaw (Ker) 821Counsel for the appellants: Mariya Rajan, S. Suja, Ann Mariya John, Felix Samson Varghese – Catholic Congress, S. Anil Kumar (Cherthala) - RSS office bearer, G. Sreekumar (Chelur) - Senior Panel CounselCounsel for the respondents: Joseph Kodianthara (Sr.), E.S. Saneej, John VithayathilClick to Read/Download Judgment

Kerala High Court Rejects Appeals By Centre, Catholic Congress Against 'Haal' Movie

K. Salma Jennath

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