Supreme Court closes The Kerala Story petitions, leaves legal question open

The Supreme Court on Friday disposed of petitions challenging the CBFC certification of the 2023 film The Kerala Story, ruling that the pleas had become infructuous as the movie had already been released. A bench led by Chief Justice of India Surya Kant, also comprising Justices Joymalya Bagchi and V Mohana, closed two petitions seeking cancellation of the film's certificate. A third petition by the producers, Sunshine Pictures Pvt Ltd and Vipul Amritlal Shah, challenging the West Bengal government's earlier ban on the film, was withdrawn. The top court had stayed that ban in May 2023.

Advocate Nizam Pasha, representing petitioners Qurban Ali and B R Aravindakshan, argued that his clients' concerns remained relevant as the film was still available on OTT platforms, and that individuals lacked statutory recourse against CBFC certification unlike producers. He urged the court to frame guidelines for films promoting hate speech. The bench declined to hear the matter now, with Justice Bagchi saying the legal question would await another controversial movie. The court recorded that the question of law would remain open and granted parties liberty to initiate fresh proceedings. The Kerala Story had sparked controversy over its claim that 32,000 women from Kerala were converted to Islam and forced to join ISIS.