Kerala HC Quashes Criminal Proceedings Against Man Who Shared Political Posts In Facebook [Read Order]

The Kerala High Court has quashed criminal proceedings against a man accused of sharing a few political posts in Facebook against the LDF candidates.

The prosecution case against Monish was that during the period from April 12 to April 16 of 2019, he shared a few Facebook posts against the LDF candidates in the State with the intention of provoking rioting among a few sections of people in Kerala. Final report was filed against him for offences punishable under Section 153 of the Indian Penal Code and Section 120(o) of the Kerala Police Act, 2011

Before the High Court, Monish contended that the Facebook posts were never intended to provoke rioting at all but, on the other hand, they were intended only to be innocuous political satires. His counsel further contended that even assuming that the face book posts contained false or offensive statements also, the only penal provision that would have been attracted was Section 66 A of the Information Technology Act, 2000, which was already struck down by the Supreme Court in Shreya Singhal v. Union of India. "An act made punishable by a penal provision which was already struck down as unconstitutional, cannot be again made a subject matter of criminal prosecution, relying on analogous penal provisions in different statutes", the counsel argued.

The argument cannot be dismissed as unsound, Justice TV Anil Kumar observed. The judge, perusing the posts, said that he does not find them to be capable enough to create any hatred among the members of public nor cause rioting among any sections of the people. Allowing the petition, the court observed:

"The face book posts cannot be said to have been shared intending to provoke rioting in the society and an act punishable under Section 153 of IPC was committed. It is also incomprehensible as to how such face book posts could attract commission of nuisance under Section 120(o) of the KP Act. Therefore, the impugned final report is only liable to be quashed." 

Know the Law

Section 120(o) of the Kerala Police Act provides that, any person causing, through any means of communication, a nuisance of himself to any person by repeated or undesirable or anonymous call, letter, writing, message, e-mail or through a messenger. This offence is punishable with imprisonment which may extend to one year or with fine which may extend to five thousand rupees or with both.

In Shreya Singhal judgment, the Supreme Court had also struck down Section 118(d) of the Kerala Police Act which provided that any person who causes annoyance to any person in an indecent manner by statements or verbal or comments or telephone calls or calls of any type or by chasing or sending messages or mails by any means.

Case details
Case name: Monish vs. Jayaraj PC
Case no.: Crl.MC.No.4842 OF 2019
Coram: Justice TV Anil Kumar
Counsel: Adv V. A. JOHNSON VARIKKAPPALLIL, PP K. B UDAYAKUMAR

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