The Supreme Court on August 21, 2026, closed three petitions concerning the controversial 2023 film The Kerala Story, while leaving open an important legal question on challenges to film certification by the Central Board of Film Certification (CBFC).
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana dealt with the petitions. Two pleas challenged the CBFC certification granted to the film, while a third petition concerning the West Bengal government's earlier ban was withdrawn.
Background Of The Case
Advocate Nizam Pasha, appearing for petitioners Qurban Ali and B. R. Aravindakshan, submitted that the issues raised in the two certification challenges had not completely disappeared merely because the film had already been released.
He referred to proceedings before the Kerala High Court, where a writ petition concerning the CBFC certificate had been disposed of after the court observed that such a challenge was not maintainable in that form.
Pasha argued that the producer has a statutory remedy against CBFC certification, but other persons affected by the contents of a film may not have the same statutory remedy and therefore may need to approach the constitutional courts.
Supreme Court Leaves Legal Question Open
The bench noted that The Kerala Story had already been released. Justice Joymalya Bagchi indicated that the broader legal question could be considered in an appropriate future case.
Justice Bagchi observed:
“The litigation has to await another movie... another movie that is controversial, we will go into that question.”
Pasha also pointed out that the film remained available on OTT platforms and urged the Court to consider guidelines concerning films that allegedly promote hate speech.
“Guidelines have to be laid down for films that promote hate speech,” he submitted.
Chief Justice Surya Kant responded:
“Alright, file a comprehensive writ petition seeking general guidelines.”
The bench thereafter recorded that the question of law would remain open and that the parties would have liberty to initiate appropriate proceedings in accordance with law.
Petition Challenging West Bengal Ban Withdrawn
The third petition, filed by Sunshine Pictures Pvt. Ltd. and Vipul Amritlal Shah, challenged the West Bengal government's 2023 decision to prohibit exhibition of the film. The Supreme Court had stayed that prohibition in May 2023. The petition was subsequently withdrawn.
Court's Decision
The Supreme Court disposed of the three petitions concerning The Kerala Story. The two petitions challenging the film's CBFC certification were closed without deciding the broader legal issue, which the Court expressly left open.
The petition challenging the West Bengal ban was withdrawn. Parties were granted liberty to pursue appropriate proceedings in accordance with law.
