The Film “The Kerela Story” is a Hindi Film about a group of women from Kerela who join the Islamic State of Iraq and Syria (ISIS). The film is a work of fiction inspired with true facts.
Several petitions were filed seeking restraining reliefs against the release and exploitation of the film. These petitions have been filed in pursuance of a teaser of the film which was released in November, 2022 depicting that innocent girls were lured and converted to Islam over a period of time. The petitioners alleged that the film which claims to be based on true facts is false and misleading and is likely to hurt religious sentiments and spread hatred between communities in India. Several petitioners also equated the film to hate speech.
Several petitions were first filed in Supreme Court under Article 32 of the Constitution of India. However, the Hon’ble Supreme Court held that it was open for the petitioners to move the appropriate High Court having jurisdiction.
The petitioners therefore knocked the doors of Kerela High Court and Chennai High Court. Mr. Ameet Naik, Managing Partner of Naik, Naik and Company represented the producers of the film Vipul Shah and Sunshine Pictures Pvt. Ltd. and opposed the grant of any reliefs against the release and exploitation of the film. Mr. Naik pointed out that the film carries a disclaimer that it is a work of fiction and does not claim historical and factual accuracy. He also pointed out that CBFC, which is a statutory body competent to certify films has found the film to be in conformity with the Guidelines and fit for public exhibition.
Both the courts have, after detailed hearing in the petitions, refused to grant any reliefs against the film makers and the film. The Division Bench of Kerela High Court, after watching the teaser and trailer of the film observed that there is no allegation against Islam and there is nothing offensive to any particular community as a whole. The court also noted that the film carries appropriate disclaimer and is certified by CBFC to be fit for public exhibition. The courts have therefore refused to grant any stay on the release and exhibition of the film.
After the three days long drama, the film has been released worldwide today.
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