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“These Are All Publicity-Oriented Petitions”: Kerala High Court Refuses to Stall Empuraan, Asks BJP Leader, “Have You Even Watched the Film?”

“These Are All Publicity-Oriented Petitions”: Kerala High Court Refuses to Stall Empuraan, Asks BJP Leader, “Have You Even Watched the Film?”

Kiran Raj

 

The Kerala High Court on Tuesday declined to grant interim relief in a writ petition seeking an immediate ban on the screening of the Malayalam film Empuraan: L2. The plea was filed by V. V. Vijeesh, a leader of the Bharatiya Janata Party (BJP), who alleged that the film contains material capable of provoking communal unrest. The Single Bench of Justice C. S. Dias, heard the matter, questioned the bona fides of the petitioner and refused to list the matter on priority. The Court recorded, “I am suspecting your bona fide. Show me one complaint on incitement of violence due to this movie. These are all publicity oriented petitions.”

 

The petition, moved by BJP leader V. V. Vijeesh, sought a direction from the Court to immediately halt the exhibition of the Malayalam film Empuraan: L2. The petitioner submitted that the film contained scenes referencing the 2002 Godhra riots and alleged that the narrative bears similarities between the main antagonist and a leader of the Bajrang Dal. The petition further stated that the film makes remarks about the Ministry of Defence and portrays central investigative agencies in a manner that, according to the plea, undermines their credibility and integrity.

 

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According to the petitioner, the film has the potential to provoke communal unrest. The plea submitted that such content could result in public disorder, and therefore sought a judicial direction to suspend screenings to prevent further controversy and avert potential unrest.

 

Empuraan is a sequel to the 2019 Malayalam film Lucifer and stars Mohanlal in the lead role. The film is directed by Prithviraj Sukumaran, who also appears as a character. The filmmakers, including writer Murali Gopy and producer Antony Perumbavoor, have faced criticism from right-wing groups following the film’s release. The criticism specifically related to the portrayal of the 2002 Gujarat riots, which commentators claimed was incomplete.

 

Subsequent to these objections, Mohanlal issued a public apology. He stated that controversial content would be removed from the film and added that he regretted the distress caused. According to the statement, the filmmakers had agreed to voluntarily make cuts to the film, which are expected to take effect during the ongoing screenings.

 

During the hearing, Justice C. S. Dias asked whether the petitioner had personally viewed the film, stating, “Have you watched the movie Empuraan? What is your objection? It was certified by censor board right?” The Bench took note of the certification granted by the Central Board of Film Certification (CBFC) and questioned the basis for seeking judicial intervention in light of statutory approval already having been granted.

 

The learned State Attorney also addressed the Court and referred to the judgment in Sebin Thomas v. Union of India & Ors, submitting that once certification is issued by the statutory authority, there is a presumption that the film is fit for public exhibition. The Court recorded, “Learned state attorney draws attention to judgment in Sebin Thomas v. Union of India & Ors to drive home the contention that once certification has been issued by statutory authorities, there is a presumption the movie is fit for certification.”

 

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The State Attorney further submitted that no case or criminal complaint had been registered by the State Police in connection with the screening of the film. The Court noted, “He also submitted that as of today, no crime has been registered by State police.”

 

In view of the submissions and the statutory certification granted to the film, the Court declined to grant interim relief and stated that the matter would be heard after the Court’s summer vacation. The order recorded, “In light of this submissions, the petitioner's prayer for interim relief is declined. Matter to be heard after Kerala High Court vacation.”

 

Advocates Representing the Parties

For the Petitioner: Advocate K. P. Prasanth

 

Case Title: V. V. Vijesh v. The Secretary and Others
Case Number: WP(C) 13500/2025
Bench: Justice C. S. Dias

 

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