Kochi: The Kerala High Court on Friday allowed the Catholic Congress to implead itself in the plea filed by the director and producer of Shane Nigam-starrer ‘Haal’, challenging the Central Board of Film Certification’s (CBFC) decision to grant the film an ‘A’ certificate. The court also said it would take up the matter on October 21 to fix a date for the judge to view the movie.
Justice V G Arun permitted the impleading petition after the petitioners’ counsel submitted that they had no objection to the move.
In its affidavit, the Catholic Congress stated that the film “precipitates the concept of Love Jihad as an acceptable practice” and portrays the Thamarassery Bishop as a supporter of such relationships. It said that screening the film in its present form would “hurt the religious sentiments of the Christian community and disturb peace and harmony in society.”
The organisation further alleged that scenes showing the Bishop as someone encouraging interfaith marriages would defame both the diocese and the Bishop personally. It also claimed that the filmmakers shot scenes at the Thamarassery Bishop’s House without obtaining permission from church authorities.
Counsel for the film’s producers, however, argued that the movie conveys a positive message. In the film, the Bishop advises a Muslim-Christian couple to continue practising their respective religions and live together — a message the counsel called “one of the best that could be given at this time.” He added that both religious communities in the film accept the Bishop’s guidance.
The counsel also requested the Court to view the movie, citing a Supreme Court observation that in such cases, judges may watch the film along with counsels from all sides. The practice, he said, was earlier followed by the now-defunct appellate tribunal and continues in some High Courts.
On the procedural aspect, the Court noted that there is currently no specific nomenclature for appeals under Section 5C of the Cinematograph Act, 1952, and decided to hear the case as a writ petition.
The filmmakers had approached the High Court challenging the CBFC’s decision to give ‘Haal’ an ‘A’ certificate and to recommend cuts to scenes depicting the consumption of beef biryani and a dance sequence in which the heroine wears a burqa.
The Court had earlier sought a report from the Registrar General after being informed that the Registry had no provision for entertaining appeals under the Cinematograph Act. Based on the Registrar’s report, the Court decided to proceed with the matter as a writ petition.
According to the filmmakers, ‘Haal’ revolves around a Muslim boy and a Christian girl who fall in love despite family opposition. When the boy’s father insists that the girl must convert to Islam to marry him, the boy refuses. The girl initially agrees to convert but changes her mind during the ceremony, prompting police intervention and accusations of ‘Love Jihad’. The film ends with both families realising that they can coexist peacefully while practising their respective faiths.
(With LiveLaw inputs)