New Delhi: The Supreme Court refused to hear the petitions against the upcoming film ‘The Kerala Story’. The apex court refused to entertain a petition submitted by Jamiat Ulama-i-Hind. A Supreme Court bench comprising Chief Justice of India D.Y. Chandrachud and Justice P S Narasimha asked the Jamiat and other petitioners to move the jurisdictional High Court, possibly under Article 226 (writ petition) of the Constitution.
‘There are seasoned judges manning the HC, aware of the local circumstances. Why should we become sort of a super (Article) 226?. The reliefs which have been sought under Article 32 can well be pursued in appropriate proceedings before the high court under Article 226. We are not inclined to entertain the petition on that ground. We leave it open to the petitioners to move the appropriate high court’ asked Chief Justice of India D Y Chandrachud while.
Article 226 deals with the power of high courts to issue writs. Article 32 deals with the power of the SC to issue writs. The bench asked the High Court to consider their request for early listing given that the film is set for release on May 5.
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‘The relief sought can well be pursued before the HC under Article 226. Hence, we are not inclined to entertain the petition but leave it open to the petitioner to move the appropriate HC. In the event the HC is moved, since it is stated that the film is slated for release on May 5, the HC may consider a request for early listing,’ the bench said in its order.
Advocate Vrinda Grover, who appeared for the petitioners said that the film not only vilifies an entire community, but there is a total disregard for facts and truth. It is, however, marketed and projected as true facts. ‘Film is to be released on Friday. I will ask for a very reasonable and proportionate remedy. I will not go beyond that,’ she said. She also said that she is not asking for a stay on film but for a disclaimer saying it is a work of fiction. ‘It says the film is inspired by many true stories. It says this is the truth. There is not even a disclaimer to say this is a work of fiction. You then vilify an entire religious community,’ she submitted.
Senior Advocate Harish Salve, who appeared for the filmmakers, pointed out that the matter is pending before the Kerala HC.
CJI Chandrachud then told Grover, ‘Therefore, surely our HCs have absolute control over these matters. Go before the Kerala HC… We will not take it on board right now. We will give you the liberty to move the Kerala HC. Article 32 cannot be used in every case. Surely, you have a remedy under Article 226. The HC is seized of the matter’.
The Kerala Story directed by Sudipto Sen had ignited controversy in Kerala as the film claims that 32,000were recruited by the Islamic State (IS). The Kerala government and the Opposition leaders have demanded the film be banned in the state.
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