Today, the Supreme Court of India refused to entertain the petition filed by Jamiat Ulama-i-Hind challenging the release of the film The Kerala Story, scheduled to hit theatres on Friday, May 5.

A Bench headed by Chief Justice of India (CJI) DY Chandrachud said it cannot allow the Supreme Court to become a "super Article 226 court". 

Senior Advocate Harish Salve, appearing for the producers of the film, pointed out that the Kerala High Court is already seized the matter. He added that they were not agreeable to the suggestion to insert a disclaimer.

On the other hand, the counsel for another party, Advocate Vrinda Grover mentioned 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."

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, the Supreme Court of India, refused to entertain a plea seeking a stay on the release of the movie “The Kerala Story” on the grounds that it's the "worst kind of hate speech” and an “audio-visual propaganda”.

Senior advocate Kapil Sibal and advocate Nizam Pasha submitted before the division bench of Justices KM Joseph and BV Nagarathna that the trailer of the movie, which is scheduled to be released on Friday, has garnered 16 million views.

"This movie is the worst kind of hate speech. It is a completely audio-visual propaganda", said the Counsel.

The bench said, “There are varieties of hate speeches. This film has got certification and has been cleared by the board. It's not like a person getting on the podium and starts giving an uncontrolled speech. If you want to challenge the release of the movie, you should challenge the certification and through the appropriate forum”.