‘No shadow or implicit ban on The Kerala Story,’ Tamil Nadu govt tells SC
Tamil Nadu govt told SC that despite the state providing necessary security to theatres and multiplexes, their owners decided to stop exhibiting the film
- May 16, 2023,
- Updated May 16, 2023 8:08 PM IST
The Tamil Nadu government on Tuesday told the Supreme Court that it has not issued any order imposing a "shadow or implicit ban" on the controversial movie 'The Kerala Story'.
'The Kerala Story' has been at the centre of controversy ever since its trailer was released, but it was still released in theatres on May 5. The movie claims to depict the real story of young Hindu girls being brainwashed and converted to Islam and then forced to join ISIS. But, what triggered the controversy was the claim in the film's teaser that ISIS had recruited 32,000 Kerala women over a period of time.
This claim made by the filmmakers made in the trailer was removed later on.
The Tamil Nadu government said that despite the state providing necessary security to theatres and multiplexes, their owners decided to stop exhibiting the film from May 7 because of a lack of enthusiastic response from the general public.
The state government, in its reply to the petition filed by the makers of the film alleging a de-facto ban in the state, said amidst objections and protests, the movie was released in 19 multiplexes throughout Tamil Nadu on May 5.
"The film was heavily criticised after its release, with some Muslim organisations alleging that the film spreads 'anti-Muslim hate' and 'Islamophobia' among the common public and has been produced solely with the intent to polarise other religions against Muslim," the government said.
“Makers of the movie have come to the court with unclean hands. The Kerala Story makers have falsely told the Supreme Court that public exhibition of the movie was restricted in the state. It was an attempt by the makers to mislead the Supreme Court and get relief,” the state government told the Supreme Court.
Questioning the validity of filed plea under Article 32 of the Constitution (Article 32 gives the right to individuals to move to the Supreme Court to seek justice when they feel they have been deprived of their fundamental rights), the state government said, "It is submitted that the government of Tamil Nadu has not issued any order banning the public exhibition of the film, nor is there a de-facto ban on the film in the state".
The affidavit, filed through Additional Advocate General (AAG) Amit Anand Tiwari, said on the contrary, the state, by issuing alerts and deploying police personnel for the protection of the theatres which screened the film, has effectuated meaningful exercise of the right of the petitioners to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution.
It said adequate police protection provided by the state facilitated the theatre owners to screen the film throughout Tamil Nadu on May 5 and 6 despite backlash from certain Muslim organisations.
"However, due to the lack of reception from the general public, theatre and multiplex owners of the state decided to stop exhibiting the film from May 7," it said, adding the content of the petition alleging that the state has imposed a "shadow or implicit ban" on the film is false and baseless, and is vehemently denied.
The state government said, "It is submitted that motivated by malafide intentions and in an attempt to seek publicity, the petitioners have made false and sweeping allegations against the Respondent-4 (Tamil Nadu) despite the fact that the state is discharging its positive obligation to create and maintain conditions in which the film can be screened."
“Multiplex owners took independent decisions to not screen the film because of the criticism it received. The state had no role to play,” the state government told the court.
The Tamil Nadu government on Tuesday told the Supreme Court that it has not issued any order imposing a "shadow or implicit ban" on the controversial movie 'The Kerala Story'.
'The Kerala Story' has been at the centre of controversy ever since its trailer was released, but it was still released in theatres on May 5. The movie claims to depict the real story of young Hindu girls being brainwashed and converted to Islam and then forced to join ISIS. But, what triggered the controversy was the claim in the film's teaser that ISIS had recruited 32,000 Kerala women over a period of time.
This claim made by the filmmakers made in the trailer was removed later on.
The Tamil Nadu government said that despite the state providing necessary security to theatres and multiplexes, their owners decided to stop exhibiting the film from May 7 because of a lack of enthusiastic response from the general public.
The state government, in its reply to the petition filed by the makers of the film alleging a de-facto ban in the state, said amidst objections and protests, the movie was released in 19 multiplexes throughout Tamil Nadu on May 5.
"The film was heavily criticised after its release, with some Muslim organisations alleging that the film spreads 'anti-Muslim hate' and 'Islamophobia' among the common public and has been produced solely with the intent to polarise other religions against Muslim," the government said.
“Makers of the movie have come to the court with unclean hands. The Kerala Story makers have falsely told the Supreme Court that public exhibition of the movie was restricted in the state. It was an attempt by the makers to mislead the Supreme Court and get relief,” the state government told the Supreme Court.
Questioning the validity of filed plea under Article 32 of the Constitution (Article 32 gives the right to individuals to move to the Supreme Court to seek justice when they feel they have been deprived of their fundamental rights), the state government said, "It is submitted that the government of Tamil Nadu has not issued any order banning the public exhibition of the film, nor is there a de-facto ban on the film in the state".
The affidavit, filed through Additional Advocate General (AAG) Amit Anand Tiwari, said on the contrary, the state, by issuing alerts and deploying police personnel for the protection of the theatres which screened the film, has effectuated meaningful exercise of the right of the petitioners to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution.
It said adequate police protection provided by the state facilitated the theatre owners to screen the film throughout Tamil Nadu on May 5 and 6 despite backlash from certain Muslim organisations.
"However, due to the lack of reception from the general public, theatre and multiplex owners of the state decided to stop exhibiting the film from May 7," it said, adding the content of the petition alleging that the state has imposed a "shadow or implicit ban" on the film is false and baseless, and is vehemently denied.
The state government said, "It is submitted that motivated by malafide intentions and in an attempt to seek publicity, the petitioners have made false and sweeping allegations against the Respondent-4 (Tamil Nadu) despite the fact that the state is discharging its positive obligation to create and maintain conditions in which the film can be screened."
“Multiplex owners took independent decisions to not screen the film because of the criticism it received. The state had no role to play,” the state government told the court.