The Supreme Court on Thursday said that the “prohibition” by West Bengal to exhibit the controversial film ‘The Kerala Story’ is “not tenable”, and ordered a stay on the order by the West Bengal government banning the screening of the film in the state, reported Live Law
A bench headed by Chief Justice D Y Chandrachud said, “The state of WB has issued under Section 6(1) r/w proviso West Bengal Cinema Regulation Act 1954 prohibited the exhibition of the film in the state of WB.”
“Prohibition by West Bengal is not tenable. The order of the additional secretary of WB shall remain stayed,” the CJI added.
The top court is hearing cross-pleas with the producer of the film challenging the ban on its screening in West Bengal and the decision by theatre owners in Tamil Nadu to not show the movie in the state while journalist Qurban Ali has challenged the Kerala High Court order refusing to stay the release of the film.
The Mamata Banerjee-led TMC government in the state had on May 9 announced a ban on the film in the state keeping in view the law and order situation, and to “maintain peace” and avoid incidents of crime and violence. ‘The Kerala Story’, starring Adah Sharma, was released in cinemas on May 5. Helmed by Sudipto Sen, the film claims to show the true stories of women from Kerala who were forced to convert to Islam and recruited by the terror group Islamic State (IS).
The film earlier claimed that over 32,000 women had been victims, but when met with questions over the figure, the number was changed to three.
As some states opposed the film, not going to the extent of banning it, some BJP-ruled states have made the film tax-free, including Uttar Pradesh, Madhya Pradesh and Haryana.
The apex court bench said that it is the duty of the state government to maintain law and order as the film has been granted certification by the Central Board of Film Certification (CBFC).
“Bad films bomb at the box office,” the bench said, adding, “The legal provision cannot be used to put a premium on public intolerance. Otherwise, all films will find themselves in this spot,” the bench, also comprising justices P S Narasimha and J B Pardiwala, said during the hearing which is still on, reported PTI.
Further, CJI Chandrachud told senior advocate Harish Salve, appearing for the producer of the movie, that there needs to be proper disclaimer in the film.
“The disclaimer should say that there is no authentic data to back up the suggestion that the figure of conversions is 32000 or any other established figure,” Salve said, as reported by Live Law.
To this, the CJI responded, “Disclaimer should say that it’s fictionalised.”