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The debate surrounding films, freedom of expression, and judicial oversight continues to surface before Indian courts from time to time. Recently, a High Court declined to entertain a fresh Public Interest Litigation (PIL) challenging the release of the film The Kerala Story 2. While dismissing the petition, the Court also strongly criticized the petitioner for making allegations against a coordinate bench that had earlier allowed the film’s release.

The development highlights an important aspect of India’s judicial system—respect for judicial discipline and the principle that benches of equal strength must respect each other’s decisions. The Court’s observations in this matter underline that litigants cannot repeatedly approach courts with similar pleas once an issue has already been decided by a competent bench.

Background of the Controversy

The film The Kerala Story 2 has been at the center of public debate even before its release. Several groups and individuals raised concerns regarding the film’s content, alleging that it could potentially promote communal disharmony or present a controversial narrative about sensitive issues.

Earlier, a petition had already been filed before the High Court seeking a stay on the film’s release. After hearing arguments from both sides, the Court had declined to impose a ban and permitted the film to be released. The bench had noted that once a film is certified by the Central Board of Film Certification (CBFC), courts generally refrain from interfering unless there is a clear violation of law or public order.

However, despite the earlier order allowing the release, a new PIL was filed before another bench of the same High Court, once again seeking restrictions on the screening of the film.

Court’s Strong Observations

When the matter came up for hearing, the High Court expressed its displeasure at the filing of a fresh petition on the same issue. The judges observed that the earlier bench had already examined the matter and passed an order permitting the film’s release.

The Court emphasized that the petitioner, instead of respecting the earlier order, attempted to question the reasoning and decision of the coordinate bench. The judges remarked that such conduct was not appropriate and went against established judicial principles.

A coordinate bench refers to another bench of the same court having equal authority. As per judicial discipline, one bench cannot sit in appeal over the decision of another bench of equal strength. If a party is dissatisfied with an order, the proper legal remedy is to approach a higher court rather than filing a fresh petition before another bench of the same court.

The High Court pointed out that making allegations against a coordinate bench amounts to casting aspersions on the judicial institution itself. The judges warned that such attempts could not be encouraged.

Importance of Judicial Discipline

The Court’s remarks also reflected a broader principle in the functioning of courts—judicial discipline and consistency. When one bench of a court has already ruled on a particular matter, another bench of equal strength is bound to respect that decision.

This principle ensures stability in the judicial process and prevents forum shopping, where litigants attempt to approach different benches in the hope of getting a favorable order.

The Court noted that allowing repeated PILs on the same issue would lead to unnecessary litigation and could undermine the credibility of the judicial system.

Freedom of Expression and Film Certification

Another aspect of the case relates to the balance between freedom of expression and concerns about public sentiment. Films and artistic works are protected under Article 19(1)(a) of the Constitution, which guarantees freedom of speech and expression.

At the same time, this freedom is subject to reasonable restrictions under Article 19(2), including concerns related to public order, morality, and national security.

In India, films are regulated through the certification process conducted by the CBFC. Once a film receives certification, courts generally exercise restraint in interfering with its exhibition unless there are exceptional circumstances.

The earlier bench had already taken this aspect into consideration while allowing the release of The Kerala Story 2. Therefore, the Court in the present case found no reason to reopen the issue.

Court Dismisses the Petition

After hearing the arguments, the High Court dismissed the fresh PIL. The bench made it clear that the petitioner could not seek to challenge the earlier order indirectly by filing a new petition.

The judges also cautioned litigants against making unwarranted allegations against members of the judiciary. Such remarks, the Court said, are unacceptable and contrary to the dignity of the judicial process.

The dismissal of the petition effectively puts an end to the attempt to halt the release of the film through the High Court.

Legal Perspective

From a legal standpoint, the case serves as a reminder that PILs are meant to serve genuine public interest and should not be used as a tool for repeated litigation or personal grievances.

Courts have repeatedly emphasized that the PIL jurisdiction must be exercised responsibly. Frivolous or repetitive petitions not only waste judicial time but also delay the hearing of genuine cases that require urgent attention.

Conclusion

The High Court’s decision to reject the fresh PIL against The Kerala Story 2 reinforces the importance of judicial discipline and respect for earlier court orders. By criticizing the petitioner for questioning a coordinate bench, the Court sent a clear message that litigants must follow proper legal procedures rather than attempting to reopen settled issues.

The ruling also reflects the judiciary’s cautious approach in matters related to film censorship and freedom of expression. Once a film has been certified and a court has allowed its release, attempts to repeatedly challenge that decision are unlikely to succeed.

About AOR Tushar Garg

AOR Tushar Garg is an Advocate-on-Record at the Supreme Court of India, known for handling constitutional, civil, and public interest litigation matters. With experience in complex legal disputes and Supreme Court practice, he provides professional legal representation and advisory services in matters involving constitutional rights, regulatory disputes, and appellate litigation.