After watching the teaser and trailer of the movie, a division bench of Justices N Nagaresh and Sophy Thomas said that it does not contain anything against Islam or Muslims as a whole but was about Islamic State of Iraq and Syria (ISIS).
“What is against Islam? There is no allegation against the religion. The allegation is against ISIS,” the bench remarked.
“Going through the trailers of the movie, we find it does not contain anything offensive to any particular community as a whole. None of the petitioners have watched movie,” the Court noted in its order.
The bench orally remarked that there are umpteen movies in which Hindu sanyasis are depicted as smugglers or rapists but it has not led to any adverse consequences.
“There are umpteen number of movies where Hindu sanyasis are depicted as smugglers or rapists. Nothing happens, no one protests. Many such Hindi and Malayalam films are there,” said Justice Nagaresh.
“Merely because one wrong has been allowed, another should not be,” said Senior advocate Dushyant Dave appearing for the petitioners.
“You have come at the last minute,” the bench said.
Senior Advocate George Poonthottam also appearing for the petitioner, said that the theme of the movie is that Kerala is the hub of ISIS.
“The theme is that Kerala is the centre of all ISIS activity,” he said.
“We need not go into veracity. This is fiction! Merely because some religious head is shown in bad light is not a reason to ban the movie. This has been happening in Hindi and Malayalam movies for a long time,” the bench replied.
Advocate Kaleeswaram Raj pointed out that the counter affidavit by the Central Board of Film Certification (CBFC) itself said that the trailer and teaser of the movie were not subject to certification by it.
He, therefore, insisted that the Court should watch the whole movie and then take a call.
“Your Lordships will perfectly justified in watching the film and deciding,” Raj said
Senior Advocate Ravi Kadam, appearing for the producer of the movie, said that a disclaimer has been put.
“We have put a disclaimer and we have said this is a work of fiction, inspired by true stories. Supreme Court says once there is a disclaimer and film is certified (it can be released),” he said.
He also said that the trailer of the movie does not require CBFC certification.
“Trailer is an excerpt of the film.. if the film is certified as a whole, it (trailer) is does not need separate certification. Teaser, yes. It is not part of the film, it is only for social media. Reliefs sought are for the film,” Kadam said.
The Court after hearing all parties at length refused to the stay the release of the film.
Further it noted that the CBFC has examined the movie and found it suitable for public exhibition.
“As provided by guidelines, the board has considered and examined the movie. From the statement of the Deputy Solicitor General, the producers have published a disclaimer that the film is fictionalised and dramatised. We are not inclined to pass an interim order restraining exhibition of film,” the Court directed.
Source: Barandbench
