Kerala High Court Stays Proceedings Against Woman Booked For Facebook Post Criticizing CM Distress Relief Fund For Wayanad Landslide

On July 03, 2024, Mathrubhumi published a picture showing that Chief Minister Pinarayi Vijayan's grandson donated money towards the Chief Minister Distress Relief Fund in connection with the Wayanad landslides. It is alleged that the picture of CM and his grandson was shared by the petitioner on her Facebook page CM along with a caption criticizing the Disaster Relief Fund Collection.

The FIR was registered against the petitioner under Sections 192 (Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed), 352 (intentional insult with intent to provoke the breach of peace), 45(a) (abetment of a thing) of the Bharathiya Nyaya Sanhita, Section 51 (punishment for obstruction) of the Disaster Management Act, 2005, Section 120(o) (penalty for causing nuisance and violation of public order) of Kerala Police Act, 2011.

Justice Bechu Kurian Thomas granted a stay on the proceedings and posted the matter to September 25.

The petitioner was a former Panchayath President of Munroethuruth Grama Panchayat of Kollam District and is currently serving as General Secretary of the Kerala Pradesh Karshaka Congress.

The petitioner submitted that the case filed by the de facto complainant who belongs to the CPIM Political Party is 'bogus'. She alleged that the case is filed to harass her due to personal and political animosity against her.

The petitioner submitted that the case is filed to prevent her from contesting in the next upcoming elections and to tarnish her reputation in the Panchayath.

The petitioner submitted that the Facebook post is merely an opinion regarding the donation given by the CM's grandson towards the Chief Minister Distress Relief Fund. The petitioner submitted that she had not committed any crime and denied the allegations that the Facebook post destroyed peace in society.

The petitioner was served with an undated notice from the police station and she has thus approached the Court to quash the proceedings initiated against her based on the FIR.

The plea has been moved by Advocates T.G.Sunil (Perumbavoor), Syam K.P., Nikita Nair C.S., P.Muhammed Shiyas, Vivekjos Puthukulangara, Aneena Andrews, Ashish Gopal K.G

Case Number: Crl MC 6978/2024

Case Title: Shobha v State of Kerala & Another