'The Kerala Story 2' row: Filmmakers challenge release halt in Kerala HC, get no respite

The makers of The Kerala Story 2 have challenged a single judge's decision to halt the film’s release, maintaining that the country should not be so fragile as to allow a movie to threaten religious tenets. The filmmakers stated that previous films have depicted Hindu deities in satire without similar interventions.

On Thursday, the Kerala High Court division bench, led by Justices Sushrut Arvind Dharmadhikari and P V Balakrishnan, heard an appeal against the interim stay, closely examining arguments on free speech and the alleged targeting of communities.

The division bench queried the basis for the petitions, noting that they resembled public interest litigation and questioned why the single judge had entertained the plea. The appeal was filed promptly after the stay order, with one judge observing procedural concerns about the timing of the judgment.

During proceedings, the filmmakers argued that after 75 years of independence, India should not be deemed so frail that a film could undermine religious beliefs. They emphasized that creative freedom is central to free speech and that depicting social evils within a community is within their rights as filmmakers.

Opposing the film, the petitioner’s counsel claimed that the movie and its promotional material suggest that the entire state of Kerala is negatively portrayed, referencing Supreme Court precedent that prohibits targeting communities by religion, caste, or region.

The filmmakers sought urgent relief, noting that the film’s release was set for 27 February and stressing that delays would hinder control over piracy. They also argued that objections surfaced more than two weeks after the teaser was shared and that the sequel’s narrative, while expanding geographically, follows the precedent of the first film.

Addressing the censor board’s role, the filmmakers cited the single judge’s characterisation of the certification as "manifestly arbitrary," while contending that the petition should not have been considered when other remedies existed.

The court examined broader free speech issues, with the filmmakers asserting that depicting social issues within a community falls within their creative rights. They also argued that the stay order was based on incomplete information, as the judge primarily viewed the teaser and trailer rather than the full film.

During the hearing, the bench pressed the petitioner’s side directly, asking about the alleged violation of rights and the specific harm claimed. The release of The Kerala Story 2 remains on hold pending the division bench’s order.