The Kerala High Court will shortly hear six petitions challenging the release of the movie 'The Kerala Story'. The case will be heard by a division bench of Justices N Nagaresh and Sophy Thomas.
Live updates below.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Live updates below.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Senior Advocate Dushyant Dave submits, takes court through writ petition.
Describes trailer of the movie, "this conversation is included to incite hatred".
#KeralaHighCourt #KeralaStory #TheKeralaStory
Describes trailer of the movie, "this conversation is included to incite hatred".
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave reads: Certification of the film is in violation of statutory provisions and Constitution of India.
This is how we are coming before you. Please allow screening of the trailer before you. Unless you see the trailer....
#KeralaHighCourt #KeralaStory #TheKeralaStory
This is how we are coming before you. Please allow screening of the trailer before you. Unless you see the trailer....
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave: Films can cause serious damage of innocent minds. this may create a serious public law and order problem. Really, one should view the entire film. The trailer itself shows how dangerous it is.
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Court: What in the movie demonises the entire community?
Dave: I have not seen the film, it is not yet released but please see the trailer. I would say please see the film. That is the best way.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave: I have not seen the film, it is not yet released but please see the trailer. I would say please see the film. That is the best way.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave shows Supreme Court order in Sudarshan TV case.
Court: We will hear the trailer after hearing the other side.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Court: We will hear the trailer after hearing the other side.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave: One of the best things we have in our country is the Constitution of India. It guarantees rights.. freedom of speech etc. But it is not absolute. This is very important.
Dave takes court through Cinematograph Act.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave takes court through Cinematograph Act.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave takes court through Section 5 of the Act.
"...being persons qualified in the opinion of the Central Government to judge the effect of films on the public, as the Central Government may think fit to appoint thereto."
#KeralaHighCourt #KeralaStory #TheKeralaStory
"...being persons qualified in the opinion of the Central Government to judge the effect of films on the public, as the Central Government may think fit to appoint thereto."
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave: When entire community is depicted in a certain way...
Court: Is there any allegation that there is something against an entire society?
Dave: Paras 11 and 12 show.
Court: There is nothing against the entire society in the trailer.
Dave: Will have to see as a whole.
Court: Is there any allegation that there is something against an entire society?
Dave: Paras 11 and 12 show.
Court: There is nothing against the entire society in the trailer.
Dave: Will have to see as a whole.
Court: The board has seen it and advised cuts.
Dave reads provision, "..film or any part of it is against the interests of 1 [the sovereignty and integrity of India]"
cbfcindia.gov.in
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave reads provision, "..film or any part of it is against the interests of 1 [the sovereignty and integrity of India]"
cbfcindia.gov.in
#KeralaHighCourt #KeralaStory #TheKeralaStory
Court: This is not a historical movie. This is a story.
Dave: If it is a story with a false narrative, court has every right to sit over the censorship board. If fiction is going to create a serious public order situation...
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave: If it is a story with a false narrative, court has every right to sit over the censorship board. If fiction is going to create a serious public order situation...
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave: It is a clear case of 153A.. Dave reads description of trailer.
Court: So what is wrong with it?! It is fiction. In Kerala we are so secular. There is a movie where a pujari spits on an idol and that was welcomed by society.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Court: So what is wrong with it?! It is fiction. In Kerala we are so secular. There is a movie where a pujari spits on an idol and that was welcomed by society.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave: Kindly take a look at these subtle messages. This is not good for us as a society.
I have seen how beautiful the society in Kerala is. In that society, these allegations...
#KeralaHighCourt #KeralaStory #TheKeralaStory
I have seen how beautiful the society in Kerala is. In that society, these allegations...
#KeralaHighCourt #KeralaStory #TheKeralaStory
Court: There are umpteen number of movies where Hindu sanyasis are depicted as smugglers or rapists. Nothing happens, no one protests. Many such Hindi and Malayalam films are there.
Dave: Merely because one wrong has been allowed..
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave: Merely because one wrong has been allowed..
#KeralaHighCourt #KeralaStory #TheKeralaStory
Court: You have come at the last minute...
Dave takes court through judgments.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave takes court through judgments.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave reads case of Firoz Iqbal Khan vs Union Of India (Sudarshan news case).
indiankanoon.org
Dave: Last minute they intervened, and court protected. Some episodes were shown and some were not.
#KeralaHighCourt #KeralaStory #TheKeralaStory
indiankanoon.org
Dave: Last minute they intervened, and court protected. Some episodes were shown and some were not.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave: Please see what is the purpose of the fiction! Isolated incidents cannot be made to seem like the truth and made into a movie.
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave reads, "India is a melting pot of civilizations, cultures, religions and languages. Any attempt to vilify a religious community must be viewed with grave disfavour by this Court as the custodian of constitutional values. Its duty to enforce constitutional values demands"
Court: Was it a fictional movie in this petition? I don't think it was a movie..
Dave: I am on principle, not facts.
Court: If in a debate, it is different.
Dave: No, no! It is a tv show. Like a serial.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave: I am on principle, not facts.
Court: If in a debate, it is different.
Dave: No, no! It is a tv show. Like a serial.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave: This order squarely applies to the facts of the case.
Dave now cites Supreme Court judgment in S Rangarajan v Jagjivan Ram.
main.sci.gov.in
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave now cites Supreme Court judgment in S Rangarajan v Jagjivan Ram.
main.sci.gov.in
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave reads, "It is proved that even though one movie relating to a social issue may not significantly affect the attitude of an individual or group, continual exposure to films of a similar character will produce a change."
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave: If censor board fails in its duty.. the Your Lordships have a bounden duty to intervene and stop the telecast.
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave: Let us suppose one or two incidents did take place. You must not glorify them this way! You cannot talk about them. You have to let law take its course.
Court: Is the film glorifying or condemning it?
#KeralaHighCourt #KeralaStory #TheKeralaStory
Court: Is the film glorifying or condemning it?
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave: I also am strong advocate of freedom, but if it likely to create enmity, poison the minds of innocent people it must be curbed. That's what Supreme Court has said since 1950s. Therefore, please stop the telecast.
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave: See the film, if your conscience allows.. I will bow down.
Dave concludes.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Dave concludes.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Senior Advocate George Poonthottam argues: The prayer is to recall the certificate. Normally, it should have been yesterday.. now, either your lordships may see it first..
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Poonthottam: The trailer can be exhibited right now.
Court: We'll go through the transcript.
Poonthottam takes court through description of the trailer.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Court: We'll go through the transcript.
Poonthottam takes court through description of the trailer.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Poonthottam: They don't say it is fiction! They say it is reality. They say it is based on true events.
Court: No, they say it is inspired by true events. What is wrong in it? I don't understand what is so provocative.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Court: No, they say it is inspired by true events. What is wrong in it? I don't understand what is so provocative.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Poonthottam urges court to watch the film.
Court: You have to first convince us.. what is offensive in this? Ours is a democracy with secularism embedded in it.
#KeralaHighCourt#KeralaStory#TheKeralaStory
Court: You have to first convince us.. what is offensive in this? Ours is a democracy with secularism embedded in it.
#KeralaHighCourt#KeralaStory#TheKeralaStory
Poonthottam: Originally, they started by saying it is 32,000. Now they have reduced it to 3.
Court: There are routine number of movies where religious sects are shown in a bad light.
#KeralaHighCourt#KeralaStory#TheKeralaStory
Court: There are routine number of movies where religious sects are shown in a bad light.
#KeralaHighCourt#KeralaStory#TheKeralaStory
Court: Constitution gives freedom of faith. You can say my God is the only God.
But if you say this to a person belonging to another religion, is it not offensive? But still constitution protects it.
Poonthottam: This is the most vulgar form of propagating.
#KeralaStory
But if you say this to a person belonging to another religion, is it not offensive? But still constitution protects it.
Poonthottam: This is the most vulgar form of propagating.
#KeralaStory
Court: Now, tell me what is against Islam? There is no allegation against the religion. The allegation is against ISIS.
Counsel: The theme is that Kerala is the centre of all ISIS activity!
Court: We need not go into veracity.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Counsel: The theme is that Kerala is the centre of all ISIS activity!
Court: We need not go into veracity.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Court: This is fiction! Merely because some religious head is shown in bad light is not a reason to ban the movie. This has been happening in Hindi and Malayalam movies for a long time!
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Counsel submits that investigation shows that there are no cases of love jihad.
Court: There are no ghosts and vampires also, but there are movies depicting them.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Court: There are no ghosts and vampires also, but there are movies depicting them.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Counsel shows Book My Show poster of the movie which says that the movie is based on true story.
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Counsel: In the first teaser it says it is true story of 32,000 girls. In the second teaser, religion came into play.
Your Lordships asks what is wrong, I will show that.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Your Lordships asks what is wrong, I will show that.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Counsel: It is not required to see the film. Trailer is part of the film, which is itself likely to affect public order.
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Court: One religion says my God is the true God, that is allowed.
Counsel: Can they say your God is bad? No! Clergies are a different thing.
Court: If you make a speech that all Gods are bad, that is different. But cant I say in private?
#KeralaHighCourt #KeralaStory
Counsel: Can they say your God is bad? No! Clergies are a different thing.
Court: If you make a speech that all Gods are bad, that is different. But cant I say in private?
#KeralaHighCourt #KeralaStory
Counsel: I can say my God is good, but not that your God is bad.
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Adv Shah: The effect will be that parents will feel they cannot send their children to a hostel with Muslim students.
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Adv Shah: My objection is only on the point that they say it is a true story.
Court: That ISIS should come and object. If these statements are offending someone, it is offending ISIS.
Adv Shah: It is offending Kerala!
#KeralaHighCourt #KeralaStory #TheKeralaStory
Court: That ISIS should come and object. If these statements are offending someone, it is offending ISIS.
Adv Shah: It is offending Kerala!
#KeralaHighCourt #KeralaStory #TheKeralaStory
Adv Shah: Kindly see my reliefs, my contention is that.. offences are attracted and thus, certification is wrong. I filed a complaint. Inciting commission of offence has to be checked by the certifying authority.
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Adv Shah: Hate speech need not be in the form of speech. If there is likelihood of commission of offence, it is enough.
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Counsel: When the trailer came, the matter was brought before this court. We are asked if we have seen the movie. The impression is coming from the trailer.
Kindly for a day or two or three, Your Lordship may have the wisdom to see the movie.
#KeralaHighCourt #KeralaStory…
Kindly for a day or two or three, Your Lordship may have the wisdom to see the movie.
#KeralaHighCourt #KeralaStory…
Adv Kaleeswaram Raj argues: Four judgments of the Supreme Court repeatedly said that hate speech goes against basic tenets of Constitution.
Adv Raj lists citations.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Adv Raj lists citations.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Adv Raj: Supreme Court has come down heavily on hate speech.
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Adv Raj takes court through the counter affidavit by CBFC which says that the trailer and teaser were not subject to certification by it.
A film which reflects this kind of teaser.. it is clearly something false.
#KeralaHighCourt #KeralaStory #TheKeralaStory
A film which reflects this kind of teaser.. it is clearly something false.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Adv Raj: Your Lordships will perfectly justified in watching the film and deciding.
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Court: Anyone appearing for the producer?
Sr Adv Ravi Kadam: We have put a disclaimer and we have said this is a work of fiction, inspired by true stories.
Supreme Court says once there is a disclaimer and film is certified..
#KeralaHighCourt #KeralaStory #TheKeralaStory
Sr Adv Ravi Kadam: We have put a disclaimer and we have said this is a work of fiction, inspired by true stories.
Supreme Court says once there is a disclaimer and film is certified..
#KeralaHighCourt #KeralaStory #TheKeralaStory
Sr Adv Kadam: Trailer is an excerpt of the film.. if the film is certified as a whole, it is does not need separate certification.
Teaser, yes. It is not part of the film, it is only for social media. Reliefs sought are for the film
#KeralaHighCourt #KeralaStory #TheKeralaStory
Teaser, yes. It is not part of the film, it is only for social media. Reliefs sought are for the film
#KeralaHighCourt #KeralaStory #TheKeralaStory
Court to petitioners: There is a clear disclaimer.
Court reads.
Petitioners: "Inspired by true events" When NIA and state police say that no such things happened.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Court reads.
Petitioners: "Inspired by true events" When NIA and state police say that no such things happened.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Court: They only say inspired by true events. Which are the true events that inspired them they have not said. There is something called artistic freedom.
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Sr Adv S Sreekumar: At the best what can be seen is some agents of ISIS has been recruiting persons. There is nothing about a particular community.
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Court: We are not inclined to grant any interim order.
Sr Adv Kadam places a Supreme Court judgment from the Padmavat case: The point is this.. it was argued that there might a law and order situation.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Sr Adv Kadam places a Supreme Court judgment from the Padmavat case: The point is this.. it was argued that there might a law and order situation.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Sr Adv Kadam: All this is taken care of in the guidelines.
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Kadam: Day after day, matter after matter. Someone will be happy or unhappy. Once the statutory process is followed, parties cannot come here. How can they file application without seeing the film?
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Court: How did you say 32,000 girls?
Kadam: It was based on some information we got. It was only teaser which we have agreed to no longer continue on our social media platform.
Court: Can we record that?
Kadam: Yes.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Kadam: It was based on some information we got. It was only teaser which we have agreed to no longer continue on our social media platform.
Court: Can we record that?
Kadam: Yes.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Order: All these petitions seek to suspend the teaser and trailer of the movie Kerala Story and prohibit exhibition of the movie. Allegation is that movie is based on incorrect, unverified facts and contain derogatory remarks.
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Order: Movie has potential to disrupt public order and morality particularly women and Muslim community. Arguments were advanced for interim order.
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Order: We have heard and watched teaser and trailer.
The counsel for Sunshine Pictures, the producers submits that the company would withdraw the said teaser from their social media handles.
#KeralaHighCourt #KeralaStory #TheKeralaStory
The counsel for Sunshine Pictures, the producers submits that the company would withdraw the said teaser from their social media handles.
#KeralaHighCourt #KeralaStory #TheKeralaStory
Order: Going through the trailers of the movie, we find it does not contain anything offensive to any particular community as a whole. None of the petitioners have watched movie.
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Order: The CBFC has examined the movie and found it suitable for public exhibition. As provided by guidelines, the board has considered and examined the movie.
#KeralaHighCourt #KeralaStory #TheKeralaStory
#KeralaHighCourt #KeralaStory #TheKeralaStory
Order: From the statement of the Deputy SG, the producers have published a disclaimer that the film is fictionalised and dramatised.
We are not inclined to pass an interim order restraining exhibition of film.
#KeralaHighCourt #KeralaStory #TheKeralaStory
We are not inclined to pass an interim order restraining exhibition of film.
#KeralaHighCourt #KeralaStory #TheKeralaStory
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