The plea was mentioned on Tuesday by advocate Nizam Pasha before a bench of Justices KM Joseph and BV Nagarathna for urgent listing since the same bench has been hearing another case relating to hate speech.
Justice Joseph, however, remarked that the matter cannot be filed as an interim application in the already pending case since the present case involves a certification of a movie by a statutory authority.
Hence, a separate petition will have to be filed, he said while also adding that the concerned High Court should be moved first.
“We cannot tag it. Why don’t you move the concerned High Court first. See a board has certified it through a process,” Justice Joseph remarked.
“Lordships may just look at the transcript during the recess. Trailer has already has 16 million views. By tomorrow we will file a substantial Petition,” Senior Advocate Kapil Sibal said.
The bench then indicated it should have been mentioned before Chief Justice of India first.
“You cannot come directly here always,” said Justice Nagarathna.
“This is about Kerala?” Justice Joseph asked
“Yes,” replied Sibal
“This can’t be the mode of getting relief. An IA in another case,” the bench said.
Source: Barandbench
