The Kerala High Court imposed a 15-day interim stay on the release of a controversial film, ticket bookings reportedly remained open on Friday, February 27, raising concerns that the movie could still be screened in theatres despite the court's order.
The issue was brought to the attention of Justice Bechu Kurian Thomas, who had on Thursday, February 26, stayed the film's release after hearing petitions challenging the censor certificate granted by the Central Board of Film Certification (CBFC).
The petitions were filed by Sreedev Namboodiri of Kannur and others, including Freddy Francis.
On Friday (February 27) morning, petitioners informed the court that online ticket bookings were active, creating the possibility that theatres might proceed with screenings during the day in violation of the interim stay.
They submitted that they would verify whether the film was actually screened and, if so, would initiate contempt proceedings.
Justice Thomas had earlier observed that there appeared to be a "manifest non-application of mind" by the censor board in granting certification.
The court also noted that there was a prima facie possibility of communal disharmony or denigration of a particular community arising from the film's content. Releasing such a film without scrutiny by higher authorities, the judge said, would be legally improper.
The controversy intensified after the film's producers moved an appeal before a division bench on the night of February 26, challenging the single judge's stay order. However, no interim relief was granted that would allow the release to proceed.
The division bench did not immediately stay the single judge's order, leaving the 15-day suspension technically in force.
During earlier proceedings, the single bench had orally remarked that the concerns raised by sections of society in Kerala could not be brushed aside, especially since the filmmakers claimed the story was based on true events and included "Kerala" in the title.
The court observed that Kerala is known for religious harmony, and portraying it otherwise could send a misleading message and potentially incite tensions, a situation in which the censor board's scrutiny becomes crucial.
Later on Friday, the filmmakers sought a review before a division bench. The matter was taken up for an urgent hearing at 7.30 pm. During the hearing, the justices observed that, given the public interest involved, the matter should not have been heard by a single bench. After hearing both sides, the division bench reserved its order.
Meanwhile, the continuation of ticket sales despite the stay order has added another layer of controversy to the case, with petitioners closely monitoring whether the film was screened in defiance of the court's directive.
