3 May 2023 5:40 AM GMT
The Supreme Court on Wednesday refused to entertain writ petitions filed against the controversial movie "The Kerala Story", and granted liberty to the petitioners to move the Kerala High Court, where a similar petition is already pending.A bench led by Chief Justice of India DY Chandrachud gave liberty to the petitioners to seek a hearing in the High Court before the scheduled date of...
The Supreme Court on Wednesday refused to entertain writ petitions filed against the controversial movie "The Kerala Story", and granted liberty to the petitioners to move the Kerala High Court, where a similar petition is already pending.
A bench led by Chief Justice of India DY Chandrachud gave liberty to the petitioners to seek a hearing in the High Court before the scheduled date of release of the film, May 5.
Advocate Vrinda Grover mentioned the petition filed by Islamic clerics body Jamiat Ulema-i-Hind before Chief Justice of India DY Chandrachud seeking urgent listing tomorrow itself, as the film is getting released on May 5. Advocate Nizam Pasha also mentioned the another petition filed by Qurban Ali challenging the film's release. While Grover's petition sought the addition of a disclaimer to the film to state that it is wholly fictional, Pasha's petition sought a complete ban on the movie.
Noting that the Kerala High Court is already seized of a similar matter, CJI DY Chandrachud refused to entertain the petitions and gave liberty to the petitioners to approach the High Court. When Grover said that the High Court has posted the matter for hearing on May 5, the bench gave the petitioners liberty to seek a hearing before the said date. Senior Advocate Harish Salve, appearing for the movie makers, stated that they are not agreeable to adding the disclaimer.
The bench comprising CJI DY Chandrachud and Justice PS Narasimha decided to dispose of the writ petitions, after observing that the reliefs sought by the petitioners under Article 32 of the Constitution are capable of being sought before the High Court under Article 226 of the Constitution. The bench also observed that the "High Court may consider the request for an early listing".
Explaining that the petitioner is not seeking a complete ban of the movie, Grover said, "The opening shot says the film is true. It has been advertised as a true story. That movie vilifies the entire community. There is no disclaimer. It's a pan India release".
Nizam Pasha, appearing for Jamiat, however clarified that his petition is seeking different reliefs and are seeking to stop the release of the movie itself and not just a modification of its disclaimer.
The film directed by Sudipto Sen and produced by Vipul Amrutlal Shah has attracted controversy for making claims that nearly 32,000 women from Kerala were converted through deceit into Islam and forced to join ISIS. Kerala Chief Minister Pinarayi Vijayan, the ruling party of the state CPI(M) and the opposition Congress have come out against the movie, saying that it was peddling false propaganda to create communal hatred and to portray the state in a bad light.
Click here to read the order (Jamiat Ulema-i-Hind)
Click here to read the order (Qurban Ali)