The Chief Justice of India DY Chandrachud on May 12 orally observed that while the film ‘The Kerala Story’ is being exhibited in other parts of the country, why should the state of West Bengal alone impose a ban on it.
The CJI further observed that the film is being exhibited in States that have similar demography as West Bengal.
The court then proceeded to issue notice to West Bench and Tami Nadu where the films are currently not being exhibited and asked them to file a response to the producer's plea challenging the ban on the film.
When the hearing commenced, Harish Salve, appearing for the producers of the film argued that the court has on many previous occasions set aside bans imposed by the state on films, especially on the ground of breakdown of law and order.
Appearing for West Bengal, Senior Advocate Abhishek Many Singhvi argued that the state had received intelligence inputs that there could be a law and order problem if the film is exhibited in the state. He further asked the court to dismiss the plea and direct the producers of the film to approach the High Court.
The court, however, proceeded to issue notice to the states and asked them to file responses to the plea by producers. Furthermore, since Tamil Nadu has not banned the film, the court has asked the state to file an affidavit on the action that the state has taken to prevent a breakdown of law and order if the film is exhibited.
Pleas were filed seeking a ban on the film in Madras High Court and Kerala High Court. However neither of the courts granted such a relief, the petitioners have now appealed against this order at the Supreme Court.
The theatre owners in Tamil Nadu decided to pull out the film from theatres on May 9.
Meanwhile, on May 8, the West Bengal government banned the film on the ground that it may create a law and order problem. The filmmakers have challenged the ban in the Supreme Court.
‘The Kerala Story’ is about a group of women from the state, who converted to Islam and joined ISIS. According to its makers, it reveals the events behind ‘approximately 32,000 women’ allegedly going missing from Kerala.
The film, written and directed by Sudipto Sen, features Adah Sharma, Yogita Bihani, Sonia Balani and Siddhi Idnani.
The CPI(M) and the Congress in Kerala say the film falsely claims that the women converted to Islam, got radicalised and were deployed in terror missions in India and the world.
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