Supreme Court Closes Chapter on ‘The Kerala Story’ Petitions, But Legal Questions Linger
The Supreme Court of India ushered in a wave of closure on Friday as it wrapped up proceedings surrounding the contentious 2023 film, The Kerala Story. However, the court left the crucial legal issues regarding film certification by the Central Board of Film Certification (CBFC) hanging in the balance.
Legal Proceedings and Decisions
Presiding over a myriad of cases, Chief Justice of India Surya Kant, accompanied by Justices Joymalya Bagchi and V Mohana, orchestrated the dismissal of numerous cases, many of which had become moot over time or were relics of the COVID-19 era. The judicial trio concluded that the two petitions aiming to revoke the CBFC certification for The Kerala Story were no longer applicable.
In a dramatic turn, Sunshine Pictures Pvt Ltd and producer Vipul Amritlal Shah decided to withdraw their third petition. This petition had contested the West Bengal government’s previous decision to ban the film, a ban which the Supreme Court had stayed in May 2023. Meanwhile, advocate Nizam Pasha, representing petitioners Qurban Ali and B R Aravindakshan, maintained that their clients’ grievances remained unresolved despite the film’s release.
The Unanswered Legal Puzzle
Pasha highlighted a significant gap: while film producers have statutory avenues to challenge CBFC decisions, other stakeholders dissatisfied with a film’s content lack such direct recourse, compelling them to seek relief through writ petitions. The bench acknowledged the film’s release, with Justice Bagchi noting, “The question of law could be left open. The litigation has to await another movie… another movie that is controversial, we will go into that question.” Thus, the legal conundrum remains unresolved, with the bench indicating that parties could pursue appropriate legal measures in future.
Directed by Sudipto Sen and brought to screen by Vipul Amrutlal Shah, The Kerala Story sparked significant political and societal upheaval upon its 2023 release. Its initial claim, that nearly 32,000 women from Kerala had been lured into joining the Islamic State (ISIS), ignited a storm of outrage and debate.