Kochi, Nov 27 The Kerala High Court on Thursday reserved its verdict on an appeal filed by the Catholic Congress challenging a Single Judge's order that directed the Central Board of Film Certification (CBFC) to reconsider the A-certificate issued to Malayalam film 'Haal' without enforcing certain suggested cuts.
The Catholic Congress argued that the movie "falsely" portrays the Bishop as supporting interfaith marriages, contrary to his known public position. It also objected to the use of visuals showing the Bishop's residence without consent.
The appeal sought reinstatement of Excision 2 to 4 recommended by the CBFC.
Excision 2 involved cutting a police interrogation scene with schoolboys over claims of stereotyping religious communities.
Excision 3 related to scenes allegedly hurting Christian sentiments and demanded blurring a Christian institution and seeking permission for filming the Bishop’s house.
Excision 4 suggested modifying scenes showing police and state authorities in a negative light, especially regarding discrimination against religious groups.
A Division Bench, comprising Justice Sushrut Arvind Dharmadhikari and Justice P.V. Balakrishnan, questioned the maintainability of the appeal, noting that the Catholic Congress, being a respondent in the original case, may not have legal standing to seek relief.
"You are not the petitioner. You can't get any relief. You have to file another writ petition," the bench remarked orally.
Advocate Shinu J. Pillai, representing the Catholic Congress, argued that the appeal was valid under Section 5 of the Kerala High Court Act, since the Single Judge treated the matter as a writ petition under Article 226.
The counsel insisted that the filmmakers had shown the Bishop's premises without ecclesiastical consent and portrayed him contrary to his actual stance.
Senior Counsel defending the filmmakers, countered that the Bishop was shown encouraging people to follow their faith, not endorsing interfaith marriage.
The Court declined to comment on the movie without watching it and refused to stay certification proceedings, stating that no certificate had yet been granted.
The judgment is expected within the next few days.
The case touches upon the delicate balance between religious sentiment, artistic expression, and freedom of speech.
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