Lord Ganesha Myth Remark: Kerala High Court Stays Proceedings Against NSS Members For Four Weeks

On August 7, when the matter came up for the first time, the counsel for the petitioner sought for an interim stay on the proceedings. The counsel apprised the Court that if criminal proceedings were initiated against thousand and one persons against whom the FIR was registered, it would become practically impossible to move bail applications for so many persons. The matter was then posted for instructions.

Today, when the matter was taken up, Senior Counsel, Advocate P Vijayabhanu appearing for the petitioner denied the allegations and submitted that the procession was conducted only after submitting a request under the Kerala Public Ways (Restrictions of Assemblies and Processions) Act, 2011.

It was further contended that the mere fact that a group of persons numbering over five took out a procession would not make the assembly unlawful. Senior Counsel relied upon the decision of the High Court in Prakash Karat & Others v State of Kerala, (2022) to state that right to protest peacefully is a fundamental right guaranteed to the petitioner and other members. Thus, registration of an FIR for conducting a peaceful procession, would violate the constitutional right to protest of the petitioner and other members, it was argued.

On the other hand, Public Prosecutor submitted that even though a request was submitted online, the procession was conducted without getting permission from the authorities.

After hearing both sides, the Court relying upon Prakash (supra), granted an interim stay on all proceedings in CC No. 798/2023 for a period of four weeks.

The petitioner is represented by Advocates R T Pradeesp, V Vijulal, P Bijumon and M Bindudas.

Case Title: Sangeeth Kumar v State of Kerala

Case Number: Crl MC 6332/2023