Kerala Governor Signs Ordinance To Withdraw Controversial Section '118A' of Kerala Police Act

The Governor of Kerala Arif Mohammed Khan has signed an ordinance to withdraw controversial ordinance which amended the Kerala Police Act introducing Section 118A of the Act.

Article 213 (2) (b) of the Constitution of India empowers the Governor to withdraw an Ordinance at any time.

Earlier today, the Additional Advocate General of Kerala had submitted before the High Court of Kerala that the Cabinet has decided to withdraw the Ordinance. This submission was made while the Court was considering a batch of petitions which challenged the Ordinance as unconstitutional for being an unreasonable restriction on free speech on account of its vagueness and subjectivity.

Section 118A provided punishment for making, expressing, publishing or disseminating any matter which is threatening, abusive, humiliating or defamatory content. "118 A. Punishment for making, expressing, publishing or disseminating any matter which is threatening, abusive, humiliating or defamatory─ Whoever makes, expresses, publishes or disseminates through any kind of mode of communication, any matter or subject for threatening, abusing, humiliating or defaming a person or class of persons, knowing it to be false and that causes injury to the mind, reputation or property of such person or class of persons or any other person in whom they have interest shall on conviction, be punished with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees or with both", it read.

118A Timeline

21.10.2020: Kerala Cabinet decides to amend the Police Act to include intimidation, defamation, or insulting of any person through social media as an offence punishable with imprisonment of term upto five years and/or upto 10,000/- fine.

21.11.2020: Kerala Governor signs the ordinance.

22.11.2020: The ordinance gets notified in Gazette. Ordinance promulgated.

23.11.2020: Chief Minister says section 118A will not be implemented.

23.11.2020: LDF, BJP Leaders Move Kerala High Court Challenging Constitutional Validity Of  Section118A Of Kerala Police Act

24.11:2020: No Adverse Action Or Registration Of FIR Based On Section 118A; Ordinance Being Reconsidered, submits Govt. before HC

25.11.2020: Government tells High Court that it has decided to withdraw the controversial Amendment

25.11.2020: Governor signs ordinance to withdraw Section 118A