After hearing the arguments in an urgent hearing held on Thursday evening, Kerala High Court Division Bench lifted the stay order on the release of The Kerala Story 2.
Earlier on Thursday, a single judge bench (justice Bechi Kurian Thomas) had passed the interim order of staying the release for 15 days, asking the makers not to release the film until Central Board of Film Certification (CBFC) re-examines the film and grants approval for its theatrical release. The ruling was followed by an appeal from the producers who then asked for an urgent hearing from the division bench.
In the special hearing, the producers’ counsel argued that pre-release restraint on a certified film is the most extreme form of censorship and that precedents stand staunchly against allowing such commercial disruption of free speech. They also submitted that the CBFC certification carried a strong presumption of regularity and that the film contained a prominent disclaimer and depicted a multi-state narrative, not one confined to Kerala.
The Bench of Justices SA Dharmadhikari and PV Balakrishnan officially stayed the interim order at 4pm today.
It remains to be seen when the shows of The Kerala Story 2 will begin playing in theatres across the country. Produced by Vipul Amrutlal Shah, The Kerala Story stars Aishwarya Ojha, Ulka Gupta, and Aditi Bhatia in lead roles.
