The Union Government moved the Kerala High Court on Thursday, 4 December, challenging a single judge’s order that quashed the ‘A’ certificate and mandatory cuts imposed on the Malayalam film Haal. The appeal marks the latest development in the ongoing certification battle over the Shane Nigam-starrer.
The Centre, along with the Regional Officer, Chairman and Revising Committee of the Central Board of Film Certification (CBFC), filed the appeal before a Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice P.V. Balakrishnan. This is the second appeal against the single judge’s verdict, following an earlier challenge by the Catholic Congress.
The government argued that the single judge should not have entertained the filmmaker’s writ petition under Article 226 of the Constitution, given the availability of a statutory appeal mechanism under the Cinematograph Act. It maintained that the CBFC’s ‘A’ certificate was justified considering the film’s “overall impact” and its portrayal of interfaith relationships.
“The plot and the portrayal of interfaith relationship in the film requires mature audiences. Therefore, A certification granted by the appellants was completely justified,” the Union’s appeal stated.
The Division Bench heard both appeals on Thursday and noted a significant procedural gap in the system. The judges observed that the absence of specific High Court Rules governing appeals from CBFC orders had created a vacuum.
“There must be some provision in the Rules of the High Court... Since there is no provision and Rules have not been framed, the only remedy available is under Article 226,” the Bench said orally.
The judges indicated they would direct the Registrar General to frame rules and establish nomenclature for such appeals to ensure proper handling of future challenges to CBFC decisions.
Justice Dharmadhikari revealed that the Bench had watched the film on Wednesday, 3 December. “We saw the movie yesterday. I enjoyed it. I understood at least 50 per cent, because of the subtitles,” he remarked in open court.
The detailed hearing was postponed after counsel for the filmmakers sought adjournment. The matter will be taken up again on 8 December.
The CBFC had earlier directed producer Juby Thomas to implement several cuts before certification. These included removing a song where a character uses Muslim attire to hide her identity, deleting scenes allegedly stereotyping communities, and dropping dialogues referencing Kannadigas and those affecting Christian sentiments.
The Board also sought removal of court-related documents and content deemed derogatory to cultural organisations, including references to “dhwaj pranam”, “Ganapathi vattam” and “sangham kavalund”. It further demanded deletion of beef biryani scenes and blurring of rakhi visuals.
The filmmakers had approached the High Court challenging these directives, arguing that the cuts undermined the film’s narrative and artistic freedom. The single judge, after viewing the film, ruled in their favour.
Directed by Veera and starring Shane Nigam and Sakshi Vaidya, Haal is reportedly an interfaith love story between a Muslim boy and a Christian girl. The film’s release has already been delayed twice, first to 19 September and then to 10 October.
The Catholic Congress had earlier filed its appeal after the single judge’s order, prompting the Division Bench to watch the film before passing orders. The Bench had warned that exemplary costs would be imposed if no objectionable content was found as alleged.
Senior counsel Joseph Kodianthara and Advocates John Vithayathil and E.S. Saneej are representing the filmmakers, while Advocate G. Sreekumar is appearing for the Union Government.
