Kochi, Dec 4 (IANS) The Union Government on Thursday filed an appeal before the Kerala High Court challenging its single bench judgment that quashed the ‘A’ certificate and mandated cuts imposed on the Malayalam film ‘Haal’.

The Union Government has filed the appeal along with the Regional Officer, Chairman and Revising Committee of the Central Board of Film Certification (CBFC).

This is the second challenge to the verdict.

Earlier, the Kerala Catholic Congress had also approached the court.

In its plea, the Centre argued that the Single Bench should not have entertained the filmmaker’s petition under Article 226 of the Constitution in the presence of a statutory appeal mechanism available under the Cinematograph Act.

The government maintained that the CBFC’s A-certificate was justified, given the “overall impact” of the film and its portrayal of interfaith relationships.

According to the appeal, the theme and treatment of the subject required mature audiences.

A Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice P.V. Balakrishnan took up both appeals together on Thursday.

The Centre raised the maintainability objection, contending that the writ petition itself ought not to have been admitted.

The Bench observed that the absence of specific High Court Rules governing appeals from CBFC orders had created a procedural 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 that they would direct the Registrar General to take steps to frame rules and set a nomenclature for such appeals so that future challenges to CBFC decisions can be properly entertained.

A detailed hearing, however, was postponed after counsel for the filmmakers sought adjournment.

The Bench had earlier, while considering the Catholic Congress appeal, stated that it would watch the film before issuing any orders and warned that costs could be imposed if allegations of objectionable content turned out to be unfounded.

On Thursday, Justice Dharmadhikari remarked in open court, “We saw the movie yesterday. I enjoyed it. I understood at least 50 per cent, because of the subtitles.”

The matter will be taken up again on December 8.

–IANS

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