Kerala High Court Refuses Interim Relief Against Withholding Of 7 Documentaries From Film Festival Screening

  • Kerala High Court Refuses Interim Relief Against Withholding Of 7 Documentaries From Film Festival Screening

    The Kerala High Court on Monday (28 September) denied permission to provisionally screen seven films in the 18th International Documentary and Short Film Festival of Keralam (IDSFFK). Justice Bechu Kurian Thomas denied the permission to provisionally screen the films while considering a petition by Kerala State Chalachithra Academy. The writ petition was filed by the Chalachithra...

    The Kerala High Court on Monday (28 September) denied permission to provisionally screen seven films in the 18th International Documentary and Short Film Festival of Keralam (IDSFFK). 

    Justice Bechu Kurian Thomas denied the permission to provisionally screen the films while considering a petition by Kerala State Chalachithra Academy. 

    The writ petition was filed by the Chalachithra Academy, aggrieved by the Central government's alleged inaction on granting censorship certificates to certain short films at the festival, which began on September 25. The festival is a non-commercial and is intended for registered delegates including filmmakers, film society organizers, film technicians, critics, media persons and students. 

    The petitioners submitted that under Section 9 of the Cinematograph Act, 1952, the Central Government is empowered to grant exemption from the certification requirements. In accordance with the guidelines issued by the Ministry of Information and Broadcasting, the petitioner had submitted applications seeking exemption in respect of 347 documentary and short films selected for the festival. By an order dated 18 September, the exemption was granted in respect of 291 films, leaving 56 films without exemption. 

    On Monday, the ASGI submitted that out of the 347 documentaries submitted for screening, petitioner itself had withdrawn one and only 346 remained for consideration. It was further submitted that out of the 346, 315 were permitted to be screened with another 24 receiving CBFC certification. 

    The Court noted that out of the remaining seven, six have been referred to the Ministry of Home Affairs for its inputs on the content of the documentaries, while one has been referred to the Ministry of External Affairs for a similar purpose. The Court thus declined to grant any interim relief. 

    "I am of the view that, prima facie, there is no arbitrariness or unreasonableness in withholding 7 out of the 346 documentaries submitted to the Ministry for screening. Hence, I decline to grant any interim order in this case" the Court observed. 

    The matter is posted to 13 November for further consideration. 

    Case Title: Kerala State Chalachitra Academy v Union of India and Ors. 
    Case No: WP(C) 33115/ 2026

    Counsel for Petitioner: A. Sudhi Vasudevan (Sr.), Jose Jones Joseph (SC - Kerala State Chalachitra Academy), Saniya C.V

    Counsel for Respondent: Dayasindhu Sreehari N.S (Sr. Panel Counsel) 

    Click Here To Read/ Download Order

    Anamika MJ

    Anamika MJ is a Correspondent with LiveLaw, covering Kerala High Court

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