Remarks Against Chief Minister: State Opposes Swapna Suresh's Plea In Kerala High Court To Quash FIR

The State has filed a statement before the Kerala High Court in the plea moved by Swapna Suresh seeking to quash the FIR registered against her for allegedly spreading false information against MLA K.T Jaleel, Chief Minister Pinarayi Vijayan and the Government.

Suresh, the prime accused in the infamous gold smuggling case, had revealed to the press that several persons in the administrative higher-ups including the Chief Minister, his wife, his daughter, K.T Jaleel and many others were involved in several anti-social and anti-national activities involving the Consulate while adding that she had deposed the same before the Magistrate.

The allegation is that Suresh conspired with former MLA PC George and thereafter made false and defamatory statements before the Magistrate and spread false news to the media, thereby provoking the general public to incite riots.

Through its statement, State has submitted that the investigation in this case was handed over to the Special Investigation Team constituted by the State Police Chief and that the team took over the same on June 10. 

The State has also asserted that the investigation is being carried out diligently and that it has progressed considerably. Further, the Court has been informed that several witnesses have been questioned and documents and material objects have been collected. 

"The evidences and materials collected so far by the investigation agency clearly reveal the commission of offences alleged against the accused," reads the statement. 

It is also argued that as a direct and immediate consequence of the alleged defamatory statements made by the petitioner before the media, the entire State had witnessed a politically motivated wanton rioting and violence and purposeful breach of peace within half an hour of her statement. 

The respondent had also alleged that a total of 12 cases were registered based on this agitation on the same day, and a total of 745 cases of the same nature were registered so far in the State due to the petitioner's remarks. 

"Cyber space is crammed with thousands of posts with forged documents and caricatures maligning the reputation of the Chief Minister of Kerala and the complainant."

The statement asserts that the remarks made by the petitioner in media were nothing but 'malicious, culpable and irresponsible to the extreme, heedless of the danger being unnecessarily invited by her highly reprehensible act'. 

It has also been argued that since her remarks were per se defamatory, it attracts one of the major ingredients for the offence under Section 153 (Wantonly giving provocation with intent to cause riot) of IPC. Further, since the allegations raised against the petitioner are serious, the respondents argued that a thorough and detailed investigation is necessary to unearth the crime. 

Raising several other contentions, the State has submitted that the petitioner is not entitled to any relief in the petition and that it is, therefore, liable to be dismissed. 

Case Title: Swapna Prabha Suresh v. State of Kerala & Anr.