The Supreme Court stayed the West Bengal government's ban on the movie 'The Kerala Story' on Thursday, asserting that statutory provisions should not be employed to "reward public intolerance." The bench, led by Chief Justice DY Chandrachud, stated that it is the responsibility of the state government to maintain law and order, especially since the film has received certification from the Central Board of Film Certification (CBFC).
During the hearing, the court emphasized that poorly received films typically fail at the box office. The bench, which included justices PS Narasimha and JB Pardiwala, cautioned against exploiting legal provisions to prioritize public intolerance, as it would set a precedent for other films facing similar challenges.
Senior advocate Harish Salve, representing the film producer Vipul Amrutlal Shah, argued that states cannot challenge the CBFC's certification of a movie. He highlighted that no statutory appeal has been filed against the certification, referring to previous judgments that established the Supreme Court's lack of authority to overrule CBFC certifications.
The Supreme Court heard cross-pleas in the case, with the film's producer challenging the ban on its screening in West Bengal and theater owners in Tamil Nadu refusing to show the movie in the state. Journalist Qurban Ali also challenged the Kerala High Court's decision to deny a stay on the film's release.
'The Kerala Story,' featuring Adah Sharma, was released in theaters on May 5. Directed by Sudipto Sen, the film portrays a narrative of women from Kerala who were allegedly coerced into converting to Islam and recruited by the terrorist organization ISIS.