The Madras High Court in the case BR Aravindakshan v. Union of India and others observed wherein a Chennai based journalist approached seeking a ban on the release of ‘The Kerala Story’ movie.
In the present case, the plea is moved by one BR Aravindakshan after sending complaints to the Central Board of Film Certification with regards to the baseless allegations made in the teaser of the movie.
The petitioner, Aravindakshan in the plea submitted that the movie is an intentional attempt to portray the State of Kerala as a terrorist-supporting state. Thus, it has also been submitted by him that if the court allowed the said movie to be released, the same will be a humiliation to the entire country as the same will create an impression that India is a country which produces terrorists.
Further, it has also been submitted by him that the movie might also create feelings against a particular community living in India and the same will affect the country’s sovereignty and unity causing disturbance to the public order.
Therefore, it has also been submitted by the Aravindakshan that the teaser of the movie is showing the distorted facts using baseless figures. The plea filed also states that the teaser of the movie has been released and it did not obtain the prior permission from the Central Board of Film Certification which itself is a violation of law. Further, it has also been contended by him that the film is unfit for certification under Section 5(b) of the Cinematography Act which prevents certification if any part of the movie is found to be against the sovereignty, security and for the integrity of the State. Further, the plea submits that even though he had sent representations to the Ministry of Information and Broadcasting, Chief Minister of Tamil Nadu and The Secretary of Ministry of home affairs, thus, the same is not being considered. The petitioner approached the court to direct the ministry to consider his representation and check the veracity of the contents in the film.
Earlier, the Supreme Court refused to entertain the similar plea against the movie and granted the petitioners liberty to approach the Kerala High Court where similar petitions are under consideration.
