‘Waving black flag not illegal, doesn’t amount to defamation’: Kerala HC quashes case for protest against Pinarayi Vijayan convoy

In the incidental that took spot successful 2017, the 3 young men from Paravur successful Ernakulam territory were accused of waving a achromatic emblem astatine the convoy of Vijayan with an volition to defame him, and erstwhile constabulary tried to restrain them from proceeding towards the convoy, they allegedly utilized transgression unit by pushing constabulary personnel.

Police had submitted a chargesheet against them astatine a magistrate tribunal successful Paravur successful 2020. They were booked nether IPC sections that woody with defamation, obstructing a nationalist servant from discharging duties, and others.

The accused past moved the High Court, challenging the case.

The tribunal said, “…showing oregon waving a achromatic emblem to a idiosyncratic cannot magnitude to defamation nor is it an amerciable act. Even if a achromatic emblem was shown to the Chief Minister’s convoy, specified behaviour cannot by immoderate agelong of the connection of conception 499 IPC beryllium perceived arsenic defamatory.”

“If a emblem of a peculiar colour is shown, immoderate the reason, including arsenic a people of protest, arsenic agelong arsenic determination is nary instrumentality which prohibits the waving of a emblem simpliciter, specified behaviour cannot beryllium charged with the offence of defamation,” said the court.

Besides, the tribunal said a constabulary study cannot beryllium the ground for taking cognizance of the offence of defamation arsenic it tin beryllium taken lone connected a ailment made by the idiosyncratic aggrieved.

The tribunal besides observed that prosecution cannot beryllium initiated against the accused for “mere propulsion and propulsion of constabulary personnel”. The last study does not bespeak that obstruction was caused to the Chief Minister’s convoy, adjacent temporarily, arsenic the constabulary enactment had blocked and removed the protesters immediately, the tribunal observed.

In 2023, constabulary successful Kerala had registered hundreds of cases against workers of Opposition parties for waving achromatic flags astatine a autobus successful which CM Vijayan and his Cabinet colleagues were travelling arsenic portion of a yatra to each 140 Assembly constituencies successful the state.

Moreover, CPI(M) workers person been accused of attacking protesters who waved achromatic flags astatine Vijayan’s convoy. Before this, determination had besides been respective different incidents successful which constabulary had banned achromatic look masks and adjacent achromatic apparel astatine Vijayan’s events.

Kerala Governor Arif Mohammed Khan had besides been shown a achromatic emblem by SFI activists successful January. Irked by the incident, Khan got down from his car and held a sit-in connected the roadworthy successful Kollam district. Later, constabulary booked the SFI activists.