Kerala HC paves way for release of 'The Kerala Story 2' film

Kochi, Feb 27 (PTI) The Kerala High Court on Friday paved the way for the release of 'The Kerala Story 2-Goes Beyond' film by staying the single judge order which had put on hold the movie's screening by 15 days.

A bench of justices Sushrut Arvind Dharmadhikari and P V Balakrishnan passed the interim order on the appeal moved by the film's producer Vipul Amrutlal Shah late Thursday night, hours after the movie's release was stayed.

In its order the bench said that the single judge's finding that guidelines for certification have not been borne in mind by the Central Board of Film Certification (CBFC) were "merely on the basis of a few clippings and without viewing the movie" and therefore, it "cannot be countenanced".

"That apart, the fact that insertions, excisions and modifications, have been carried out by the appellant (Shah) in the movie as per the directions of the CBFC would only further reinforce the fact that there is an application of mind from the part of Board while granting the certificate," the bench said.

It further said that once a certificate has been issued, there is, prima facie, a presumption that the authority concerned has taken into account all the guidelines, including public order.

"... if, due to the release of the movie, any issue of public order arises, it is the duty of the state to maintain it," the bench said.

The court also said that this presumption includes that the film has been judged in its entirety from the point of view of its overall impacts, by taking into consideration the principles enunciated in the Cinematograph Act, 1952 and the relevant guidelines.

"In such circumstances, merely on the basis of a few clippings and without viewing the movie, the finding of the single judge that the guidelines for certification have not been borne in mind by the CBFC while granting certification, cannot be countenanced.

"In the light of the afore discussions, we are of the view that the impugned order dated February 26, 2026 interdicting the release of the movie is only to be stayed and we do so. Ordered accordingly," the bench said.

Shah in his appeal had claimed that the film does not harm or denigrate the state of Kerala or any religious community.

"The film only portrays a social evil," his lawyers had told the court.

He had also contended that if the film's release was put on hold, it would "financially finish" the producers as the movie is set to be screened in 1,500 theatres in India and over 300 abroad on February 27.

The single judge had stayed the release of the film on the ground that prima facie there was a manifest non-application of mind to the requirement of law by the censor board, CBFC.

The judge also said that "the possibility of communal disharmony or denigration of a community also being prima facie involved in the movie", its release without scrutiny by the higher authorities would be legally improper.

The court had further said that the content of the film's teaser has "a prima facie potential to distort public perception and disturb communal harmony". PTI HMP ROH