Kerala High Court lifts stay on Kerala Story 2, gives go-ahead for release

Kerala High Court lifts stay on Kerala Story 2, clearing its release amid free speech vs. communal sensitivity debate.
kerala story 2

TLI Staff

New Delhi: In a dramatic legal turnaround, the Kerala High Court on Friday vacated an interim stay on the release of the controversial film Kerala Story 2 – Goes Beyond, allowing the much-debated sequel to move forward with its scheduled rollout, reported Bar and Bench.

The relief came from a Division Bench comprising Justices SA Dharmadhikari and PV Balakrishnan, which set aside an earlier order passed by single-judge Justice Bechu Kurian Thomas. The single-judge had, just a day prior, halted the film’s release for 15 days, citing concerns over its potential to incite communal disharmony and directing the Central Board of Film Certification (CBFC) to revisit objections raised against the film.

The Division Bench convened an urgent evening hearing following an appeal by the film’s producers, led by filmmaker Vipul Amrutlal Shah. After over two hours of arguments, the court reserved its verdict on Thursday night and delivered its decision Friday afternoon—effectively clearing the decks for the film’s release.

What led to the legal trouble

The legal battle stemmed from petitions filed by private individuals, including Kannur-based Sreedev Namboodiri and Freddy V Francis, who argued that the film’s title, teaser, and promotional material misrepresented Kerala and risked stoking communal tensions. Particular objection was raised to the teaser’s closing line—“ab sahenge nahin… ladenge”—which was described as provocative and capable of inciting unrest.

The petitioners also challenged the use of the term “Kerala” in the film’s title, alleging it falsely linked the state with themes of terrorism and forced religious conversions, despite the storyline reportedly spanning multiple regions.

Justice Thomas, in his interim order, had observed a prima facie lack of due application of mind by the CBFC while granting certification, prompting his decision to temporarily restrain the film’s release.

However, the producers countered this before the Division Bench, arguing that the petitioners lacked locus standi, as their grievances were in the nature of public interest litigation. Senior counsel Neeraj Kishan Kaul and Elvin Peter further emphasized that CBFC certification carries a presumption of validity and that the film includes disclaimers clarifying its narrative scope.

They also underscored that pre-release bans on certified films amount to an extreme restriction on free speech, one that courts have historically been reluctant to impose.

The Bench appeared to agree, ultimately lifting the stay and allowing the film to proceed with its release—just in time for its planned international debut.

The verdict marks yet another chapter in the ongoing tussle between creative freedom and concerns over sensitive portrayals, a debate that continues to shape India’s cinematic and legal landscape.

Leave a Reply

Your email address will not be published. Required fields are marked *