On Friday, the division bench of the Kerala High Court stayed the earlier order of single-bench judge halting the release of The Kerala Story 2. After the verdict, producer Vipul Shah addressed the media at a press conference in Mumbai to announce the release of the film. He also expressed his gratitude to Kerala High Court for allowing the film`s release and looked at it as a win for the film`s team.
Vipul Shah says film does not show Kerala negatively
Addressing the media, Vipul Shah clarified, “Neither our film, nor I, nor anyone in my team is against the state of Kerala or the people of Kerala. Kerala is a beautiful place, a God-loving country, but if something wrong is happening in this God-loving country, it is our endeavour to bring it to the notice of the people and correct it.”
He further said, “I promise you that if you watch the film, you will understand that we have not said anything negative about Kerala or its people in this film. This film exposes some criminals. Some criminals live in Kerala, some are from Madhya Pradesh, some are from Rajasthan, and that`s why we named this film `The Kerala Story 2 Goes Beyond`. I assure them that when you watch the film, you`ll realise we`re not portraying Kerala in a negative light at all…I believe the biggest proof of our film`s authenticity is that the Kerala court lifted the stay order. So I am deeply grateful to the Justice of the Kerala court.”
What HC said while allowing The Kerala Story 2 release
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.
