By P. Sreekumaran
THIRUVANANTHAPURAM: The Supreme Court’s order staying the Kerala High Court decision stalling the ‘Nava Kerala Citizens’ Programme’ has come as a big relief to the Left Democratic Front (LDF) Government.
The programme was envisaged as a public outreach and development feedback initiative to obtain suggestions from the people on development and welfare programmes.
A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi said, “there was nothing wrong in the government enquiring if its welfare programme has worked on the ground”.
The special leave petition filed by the State Government had submitted that the High Court had intruded into matters of public policy. “The High Court interfered with the government’s power to implement governance and development outreach programmes and seriously prejudiced the ability of the State to take policy decisions involving public expenditure and thus disturbed the constitutional balance between the executive and judiciary,” the petition submitted.
The programme, the state government said, was a time-bound statewide exercise to be conducted from January 2026 to February 2026 for collection of public opinion and suggestions on development and welfare schemes.
The State also submitted that approximately Rs 20 crore had been set aside for the conduct of the programme. The State Information and Public Relations Department had issued the financial sanction in October last year.
The HC’s intervention followed the filing of a writ petition alleging that the programme violated the Rules of Business framed under Article 166(3) of the Constitution.
The petitioner countered this argument by stating that the allocation of Rs 20 crore amounted to diversion or misuse of public funds and needed legislative sanction under Articles 202 to 205 of the Constitution.
In its reply, the State argued that the programme had received Cabinet approval and that the administrative and financial sanctions were issued along with detailed budgetary proceedings.
The appeal filed in the apex court contended that “The High Court failed to appreciate that the Rules of Business are internal executive instructions intended for convenient transaction of governmental business and are directory in nature. Non-compliance with such internal allocation of business does not ipso facto render executive action void.”
Meanwhile, the Kerala High Court has stated that the teaser and trailer of the Hindi film The Kerala Story 2. Goes Beyond wrongly portrays the people of Kerala. The court also sought the Union Government’s stand on screening the film before it. The film has been slated for release on February 27.
“The people of Kerala live in harmony. But the film portrays them wrongly,” a Bench of Justice Bechu Kurian Thomas observed while hearing petitions which challenged the granting of censor certificate for the film. The petitioner also submitted that there was prejudice against people from Kerala after the release of the first film The Kerala Story.
The court, it may be mentioned, had recently issued notice to the producer of the film and the Central Board of Film Certification on a plea challenging censor certificate for the film.
On his part, the petitioner said the film’s teaser and trailer portrayed narratives involving women from multiple states, although the title was The Kerala Story. The malicious intent was clear: that the incidents of terrorism and forced conversion were taking place exclusively in the State.
The court said the apprehensions of the people of Kerala cannot be ignored as the filmmakers say that it features a pan-India story. If that was so, why the film is titled The Kerala Story? That is the overwhelming opinion of the people of Kerala.
“The filmmakers add that the theme has been inspired by true events,” the court said, adding that the averment that the film was based on “fictional characters, has been mentioned in microscopic letters (in the teaser).”
The court said it was against restricting artistic freedom. But it also said that there were “restrictions the law had laid down (on screening films).”
It further directed the Union Government to come up with instructions on whether the film could be screened as scheduled.
On his part, the film producer has filed an affidavit stating that the petitions opposing the film’\s release were “premature, misconceived and not maintainable.” He also contended that films could be uploaded on social media without censor certificate.
The Kerala Story first (2023), which had kicked up a big controversy, had been roundly condemned by both the ruling LDF and the Opposition UDF. It was, to put it mildly, a “Goebbelsian” film that demonized Muslims, spread misinformation regarding “love jihad”, and aimed to destroy communal harmony. The revision of its controversial “32,000 women” claim was ultimately reduced to only three, with critics dismissing it as a poorly made, divisive, and agenda-driven movie. Critics described the film as a “monotone of hatred” and an “emotionally exploitative” film that failed to act as a sincere depiction of radicalization. The film also drew a tepid audience response in Kerala despite the high-profile controversies. (IPA Service)
