Express News Service
NEW DELHI: The Supreme Court on Wednesday again refused to entertain pleas seeking to stall the release of the controversial movie ‘The Kerala Story’ which is set to release across India on May 5.
Taking note of the fact that similar petitions are also pending before the Kerala High Court, a bench headed by Chief Justice of India (CJI) DY Chandrachud said that the top court cannot become “a super (Article) 226 court” and entertain everything being raised using Article 32 of the Constitution (gives the right to individuals to move to the Supreme Court to seek justice when they feel that their right has been ‘unduly deprived’).
“The reliefs which have been sought under Article 32 can well be pursued in appropriate proceedings before the high court under Article 226,” the bench which also comprised Justice P S Narasimha said, adding, “We are not inclined to entertain the petition on that ground. We leave it open to the petitioners to move the appropriate high court.”
Granting petitioners liberty to approach the Kerala HC, the bench observed, “Seasoned judges are manning the high court. They are aware of local circumstances. Why should we become a super (Article) 226 court?”.
ALSO READ | Kerala CM lashes out at the movie ‘The Kerala Story’; calls it propaganda of the Sangh Parivar
The CJI also reminded the petitioners of the fact that even on Monday, a bench headed by Justice KM Joseph had refused to entertain the plea & had asked the petitioners to approach the appropriate forum.
The two pleas were mentioned by advocates Vrinda Grover (for Jamiat Ulema I Hind) and Nizam Pasha (for Qurban Ali).
While the Jamiat’s plea had only sought an addition of a disclaimer to the film to state that it is wholly fictional, Qurban Ali, in the plea, had sought for a complete ban on the movie.
“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,” Vrinda Grover had said.
When Grover mentioned that the next date of hearing before the Kerala HC was on May 5, the day when the movie is set to release, the CJI said that the petitioners can urge the HC to hear the matter on May 4.
READ MORE | The Kerala Story: Facts versus Fiction, art versus reality
The plea which was filed by the Jamiat Ulema i Hind stated that the movie is likely to cause hatred and enmity between different sections of society in India.
“The movie demeans the entire Muslim community and it will result in endangering the life and livelihood of the petitioners and the entire Muslim community in our country and this is a direct infringement under Articles 14 & 21 of the Constitution of India. This is a direct infringement under Article 19(1)(g) of the Constitution of India,” the petition added.
The Jamiat Ulema i Hind also sought the removal of the trailer from the Internet.
The petition also asked the Central Board of Film Certification (CBFC) to further identify incendiary scenes and dialogues. It contended that the movie shows signs of gory violence like corpses and bloodied bodies lying all over the ground and the protagonist is shown vomiting upon seeing them. “The CBFC is duty-bound to ensure that avoidable sciences of cruelty and horror are not shown as per guidelines which govern the exercise of its power,” the petition further added.
NEW DELHI: The Supreme Court on Wednesday again refused to entertain pleas seeking to stall the release of the controversial movie ‘The Kerala Story’ which is set to release across India on May 5.
Taking note of the fact that similar petitions are also pending before the Kerala High Court, a bench headed by Chief Justice of India (CJI) DY Chandrachud said that the top court cannot become “a super (Article) 226 court” and entertain everything being raised using Article 32 of the Constitution (gives the right to individuals to move to the Supreme Court to seek justice when they feel that their right has been ‘unduly deprived’).
“The reliefs which have been sought under Article 32 can well be pursued in appropriate proceedings before the high court under Article 226,” the bench which also comprised Justice P S Narasimha said, adding, “We are not inclined to entertain the petition on that ground. We leave it open to the petitioners to move the appropriate high court.”googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
Granting petitioners liberty to approach the Kerala HC, the bench observed, “Seasoned judges are manning the high court. They are aware of local circumstances. Why should we become a super (Article) 226 court?”.
ALSO READ | Kerala CM lashes out at the movie ‘The Kerala Story’; calls it propaganda of the Sangh Parivar
The CJI also reminded the petitioners of the fact that even on Monday, a bench headed by Justice KM Joseph had refused to entertain the plea & had asked the petitioners to approach the appropriate forum.
The two pleas were mentioned by advocates Vrinda Grover (for Jamiat Ulema I Hind) and Nizam Pasha (for Qurban Ali).
While the Jamiat’s plea had only sought an addition of a disclaimer to the film to state that it is wholly fictional, Qurban Ali, in the plea, had sought for a complete ban on the movie.
“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,” Vrinda Grover had said.
When Grover mentioned that the next date of hearing before the Kerala HC was on May 5, the day when the movie is set to release, the CJI said that the petitioners can urge the HC to hear the matter on May 4.
READ MORE | The Kerala Story: Facts versus Fiction, art versus reality
The plea which was filed by the Jamiat Ulema i Hind stated that the movie is likely to cause hatred and enmity between different sections of society in India.
“The movie demeans the entire Muslim community and it will result in endangering the life and livelihood of the petitioners and the entire Muslim community in our country and this is a direct infringement under Articles 14 & 21 of the Constitution of India. This is a direct infringement under Article 19(1)(g) of the Constitution of India,” the petition added.
The Jamiat Ulema i Hind also sought the removal of the trailer from the Internet.
The petition also asked the Central Board of Film Certification (CBFC) to further identify incendiary scenes and dialogues. It contended that the movie shows signs of gory violence like corpses and bloodied bodies lying all over the ground and the protagonist is shown vomiting upon seeing them. “The CBFC is duty-bound to ensure that avoidable sciences of cruelty and horror are not shown as per guidelines which govern the exercise of its power,” the petition further added.
