The Supreme Court on Wednesday declined to entertain a plea by Jamiat Ulama-i-Hind seeking permission to the Center and others to screen or release the film titled ‘The Kerala Story’ in theatres, OTT platforms and other such platforms. A direction was sought to be given. , and also that the trailer should be removed from the internet.
A bench headed by Chief Justice of India DY Chandrachud said that it cannot allow the Supreme Court to become a “Super Article 226 Court” (a super high court) and entertain everything raised using Article 32 does. Article 226 provides for the High Courts to issue or issue directions. Writes to government officials.
Advocate Vrinda Grover referred to the Muslim body’s plea before the court and submitted that the Kerala High Court was not hearing the matter ahead of the film’s release on May 5. Grover argued that they are defaming the community and propagating it as truth and at the same time, they do so. There is also no disclaimer that this is a work of fiction.
Senior advocate Harish Salve pointed out that the Kerala High Court has already seized of the matter. The Chief Justice asked the petitioners to approach the Kerala High Court, which is hearing similar cases, and said that the High Courts are run by experienced judges and the Kerala High Court judges are aware of the local conditions.
The counsel representing the Muslim body said the top court may ask the high court to hear matters related to the film’s release on May 4. The film is scheduled to release on 5 May.
After hearing the submissions, the apex court said that the relief sought under Article 32 can be placed before the High Court and “we do not entertain the same on this ground and we give liberty to the petitioners to approach the High Court.” The High Court may take it up for early hearing…”
The Supreme Court on Tuesday declined urgent hearing of a plea seeking a stay on the release of the controversial film ‘The Kerala Story’.
A bench of Justices KM Joseph and BV Nagaratna said that the censor board has already cleared the film and the petitioners should challenge the certification of the film before an appropriate authority. This bench is currently hearing cases related to hate speeches. The bench said that there is a separate procedure for the exhibition of films, therefore the plea to stay the release of the film cannot be clubbed with hate speech cases.
The latest petition filed by the Muslim body said: “The film is clearly aimed at spreading hatred and enmity between different sections of the society. India, The film gives the message that non-Muslim girls are being seduced and converted. islam They are trafficked by their classmates and later, to West Asia where they are forced to join terrorist organizations.
The plea states, “The film defames the entire Muslim community and would result in jeopardizing the life and livelihood of the petitioners and the entire Muslim community in our country and is in direct violation of Articles 14 and 21 of the Constitution.”
“The film gives the impression that apart from extremist clerics who radicalise people, ordinary Muslim youth, their classmates also play a significant role in luring non-Muslims and radicalising them by presenting them as friendly and good-natured. extremist scholars,” the plea said.
The plea, filed through advocate Ejaz Maqbool, has alternatively sought a direction to the Central Board of Film Certification to further identify the incendiary scenes and dialogues to be removed or show a disclaimer saying that it is fiction. There is no similarity between the characters in the film. to any person living or dead.
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