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P. V. KUNHIKRISHNAN
Mammen Varghese, S/o. K. M. Varghese Mapillai – Appellant
Versus
State of Kerala, Rep. by the S. I. of Police, Nadakkavu Police Station, Rep. by Public Prosecutor – Respondent
ORDER :
P.V. Kunhikrishnan, J.
An artistic picturisation of the father of the Nation with an Indian flag by a Cartoonist in connection with the celebration of the 70th Independence Day of India is treated as an offence under Section 2 of the Prevention of Insults to National Honour Act, 1971 [for short, ‘the Act 1971’]. The petitioners are the accused in C.C.No.199/2018 on the file of Judicial First Class Magistrate Court-IV, Kozhikode arising from Crime No.634/2017 of Nadakkavu Police Station. The final report is filed alleging an offence punishable under Section 2 of the Act 1971.
2. The facts which lead to the registration of the above crime is like this: The defacto complainant, who is the General Secretary of Bharatiya Janatha Party, Edakkad Area Committee filed a complaint before the Sub Inspector of Police, Nadakkavu on 23.08.2017 stating that, in a Malayalam daily dated 15.08.2017, a cartoon is published with a National Flag and the father of the Nation and the same looks like the number ‘70’. According to the defacto complainant, the number ’70’ also looks like the picture of the father of the Nation with the National Flag. According to the defacto complainant, the top side o
The intention behind an act is essential in determining whether it constitutes an insult under the Prevention of Insults to National Honour Act, 1971.
Mere presence at flag hoisting where flag later inverted insufficient for offence under Section 2(4)(l) without evidence of intentional display; cognizance without reasons invalid; proceedings quashe....
The court held that inherent powers under Section 482 Cr.P.C. cannot be used to quash proceedings based on factual disputes, which must be resolved by the trial court.
The central legal point established in the judgment is the requirement of actus reus and mens rea for an offence under Section 2 of the Prevention of Insults to National Honour Act, 1971.
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