New Delhi. Supreme Court on Wednesday declined to entertain the petition filed by Jamiat Ulama-i-Hind challenging the release of film #TheKeralaStory, scheduled to hit theatres on Friday, May 5.
A Bench led by Chief Justice of India DY Chandrachud said it cannot allow 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.
Advocate Vrinda Grover mentioned the matter, saying that the Kerala High Court was not hearing the matter before the film’s release on May 5.
“They are vilifying the community and marketing it as the truth. They do not have a disclaimer also that this is a work of fiction and they say as if it is the truth.”
Senior Advocate Harish Salve, appearing for the producers of the film, pointed out that the Kerala High Court is already seized of the matter. He added that they were not agreeable to the suggestion to insert a disclaimer.
The CJI then remarked,
“Article 32 cannot be the remedy in every case. Seasoned judges are manning the High Courts. There is no reason for us to become super Article 226 court.”
The order accordingly stated,
“Upon being mentioned, taken on board … The relief which has been sought under Article 32 can well be pursued in appropriate proceedings before the High Court under Article 226 of the Constitution. Hence, we are not inclined to entertain the petition on that ground, but leave it open to the petitioner to move the appropriate High Court. In the event that the High Court is moved and since it is stated that the film is stated to be due for release on 5 May 2023, the High Court may consider the request for early listing. The petition is disposed of.”
Yesterday, an application seeking a stay on the release of the movie was mentioned by Advocate Nizam Pasha before the Supreme Court bench of Justices KM Joseph and BV Nagarathna for urgent listing. The Court refused to allow urgent listing, and asked the petitioner to approach the High Court or mention the matter before the Chief Justice of India.