The Supreme Court rejected the Writ Petition filed by ‘Jamiat-Ulama-i-Hind’ against the release of the movie ‘The Kerala Story’, and directed the party to move to the Kerala High Court where a similar appeal is already pending.
A bench of CJI D.Y. Chandrachud and J. P.S. Narasimha was presiding the proceedings. CJI while refusing to entertain the petition by ‘Jamiat-Ulama-i-Hind’ stated that the High Courts have seasoned judges who are aware of the local circumstances. Why should the Supreme Court become a Super Article 226 (Super High Court)?
Advocate Vrinda Grover urged before the bench to list the matter filed by Jamiat-Ulama on an urgent basis by tomorrow at the Kerala High Court, as the movie ‘The Kerala Story’ is getting released on the 5th of May.
Grover also contented before the bench that the filmmakers are trying to defame the entire community and promote the movie as if it was the truth. She advanced by saying that the movie does not have a disclaimer declaring the movie to be fictional.
On behalf of the filmmakers, Senior Advocate Harish Salve contended that the matter has already been taken up at the Kerala High Court. He also added that the filmmakers are not ready to add a disclaimer to the upcoming movie.
Also read: [https://news.abplive.com/kerala/the-kerala-story-freedom-of-expression-not-licence-to-spew-venom-cpi-m-congress-hit-out-1598735]
The bench granted the contention of Advocate Salve and said that the filmmakers are not agreeable to adding a new disclaimer. Also, CJI told Advocate Grover that if the matter is pending before the High Court of Kerala, then surely the Courts have control over these matters.
CJI further said that the Petitioners should approach the High Court of Kerala as the matter is already pending there and we do not take this matter on record as of now. Also, he said we give you the liberty to move to the Kerala High Court.
“Article 32 cannot be used in every case. Surely, you have a remedy under Article 226. The HC is seized of the matter,” CJI said.
Advocate Nizam Pasha, on behalf of Jamiat-Ulama-i-Hind, said that the petition filed by Qurban Ali is seeking different reliefs for not just adding a disclaimer to the movie being fictional but also urging the bench to completely ban the film from being released to the public.
Why The Kerala Story & Jamiat-Ulama in the limelight?
The Kerala story, directed by Sudipto Sen and produced by Vipul Amrutlal Shah is a movie about 32,000 women who converted to Islam by misleading them and they joined ISIS when forced.
The CM of Kerala, the ruling party in the state and Congress came against the movie, expressing that the movie is to spread false information and will lead to communal hatred against a particular community.
The Petition by Advocate Anoop VR pending before the Kerala High Court, stated that the movie is propagating false information by saying it is based on true events, which is insulting towards the community and also towards the state. He added that Kerala is always known for its communal harmony and secular viewpoint.
The release of this movie will severely meddle with the harmony within the state and also affect the secular viewpoint of Kerala among other states.