'Hurts Christian Sentiments': Catholic Congress Says Opposing Haal Movie, Kerala High Court Decides To Watch Film

The Kerala High Court on Friday (October 17) allowed the petition filed by Catholic Congress to implead itself in the plea preferred by director and producer of Shane Nigam starrer movie 'Haal' against CBFC's grant of A certification to the film. It also orally told that matter would be taken up on October 21 to decide on a date for the judge to view the movie.

Justice V.G. Arun allowed the impleading petition after the petitioners' counsel submitted that there is no objective to the same.

In the affidavit, the President of the Catholic Congress has stated thus:

"The contents and plot of the film is per se precipitating the concept of Love Jihad as an encouragable practise and depicted Thamarassery Bishop as a supporter of such objectionable affairs. I respectfully submitted that if such scenes have permitted and the film is exhibited in the present form it will hurt the religious sentiments of the Christian Community and disrupt the peace and harmony of the society..."

The affidavit also makes a claim that the film depicting the bishop as someone who encourages inter-religious marriage would lead to defamation of the diocese and the Bishop personally.

It is further stated that the petitioner filmed the Thamarassery Bishop House without obtaining consent or permission from the competent ecclesiastical authority.

Before the Bench, the petitioners' counsel argued that in the movie, the Bishop comes and tells that hero and heroine, belonging to Muslim and Christian communities, should follow their respective religions and live together.

He opined that this message is one of the best messages that can be conveyed at this time, that too by a Bishop. In the movie, both the Muslim and Christian fraternity accepts the bishop's message, he says.

Thereafter, the counsel asked the Court if it was willing to watch the movie. He refers to Supreme Court's observation that it is appropriate for the Court deciding on the issue to view the film along with counsel of all sides. He told that earlier, the appellate tribunal, which is presently scraped, used to do the same and this practice is continuing now with the high courts.

Considering the submission, the Court orally told, "I am ready and willing...I'll post it on Tuesday only for the purpose of deciding who all should…then we will fix the date."

Regarding the issue of whether the matter has to be heard as a writ petition, the Court noted that as of now there is no nomenclature for entertaining an appeal under Section 5C of the Cinematograph Act. 

Considering the suggestion that the matter can be heard as a Miscellaneous First Appeal (MFA), the Court orally remarked: "Each MFA has a different nomenclature. There is no MFA (Miscellaneous). Therefore, it should be MFA (Cinematograph Act). Otherwise, it will not be accepted."

The Court, thus, felt that the matter has to be heard in a writ petition itself.

Background

The producer and director of Shane Nigam-starrer movie 'Haal' had moved the Kerala High Court challenging the Central Board of Film Certification's decision to grant the movie an A certification and suggestions for making certain cuts in the movie including scenes of consumption of beef biriyani, dance sequence where heroine is wearing a burqa, etc.

Earlier, the petitioners had informed the Court that they preferred a statutory appeal is provided under Section 5C of the Indian Cinematograph Act, 1952. However, since the Registry had informed that there is no nomenclature or provision for appeal, the Court had asked the Registrar General to submit a report in this regard.

During the last posting, after referring to the report of the Registrar, the Court had told that until a specific nomenclature is notified, the matter has to be heard as a writ petition. It then expressed its willingness to hear the case.

The counsel had also told about the basic premise of the movie. The plot of the movie is one in which a Muslim boy and a Christian girl falls in love and though both the families are opposed to their union, the hero's father is prepared to accept the girl into the family if she converts. However, the hero firmly says 'no' to this and on hearing the hero's strong stance in this regard, the heroine is prepared to convert her religion. However, later, the heroine changes her mind during the conversion ceremony, at which time the police intervenes and uses 'Love Jihad', etc. The movie concludes with both the families realising that there is no reason to fight and both can practice their own religions.

Case No: WP(C) No. 37251/2025

Case Title: Juby Thomas and Anr. v. Union of India and Ors.