Supreme Court Rejects Plea Against Release of ‘The Kerala Story’

New Delhi (India), May 3, 2023: The Supreme Court has rejected a plea by Jamiat Ulama-i-Hind challenging the release of the Hindi film, “The Kerala Story,” scheduled to hit theaters on May 5. The film, which is about a group of women from Kerala who join the Islamic State of Iraq and Syria (ISIS), has already generated controversy and criticism from several quarters, including political parties.

The Jamiat Ulama-i-Hind sought a stay on the film’s release, stating that it would result in endangering the life and livelihood of Muslims by spreading hatred and enmity against them.

The Bench led by Chief Justice of India DY Chandrachud stated that Article 32 could not be the remedy in every case, and there was no reason for the Supreme Court to become a “super Article 226 court.” The said Article provides for High Courts to issue instructions or writs to government authorities. Seasoned judges are manning the High Courts, and the appropriate High Court can pursue the relief sought under Article 32.

Senior Advocate Harish Salve, appearing for the producers of the film, pointed out that the Kerala High Court is already seized the matter. The CJI further remarked that the relief which had been sought under Article 32 could be pursued in appropriate proceedings before the High Court under Article 226 of the Constitution. The order stated that the petitioner could move the appropriate High Court, and the High Court could consider the request for early listing, as the film is due for release on May 5, 2023.

The Supreme Court refused to intervene and dismissed the plea of Jamiat Ulama-i-Hind, challenging the release of the film, “The Kerala Story.” The Court stated that seasoned judges are manning the High Courts and can pursue the relief sought under Article 226. The film, which has already drawn criticism from various quarters, is scheduled to release on May 5, and the matter is currently before the Kerala High Court.