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BECHU KURIAN THOMAS
Simil, S/o. Thulasidharan – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent
ORDER :
(BECHU KURIAN THOMAS, J.)
Protests are essential for an effective democracy as they are the external manifestations of democratic sentience. Peaceful protests aid in strengthening such governance rather than weakening it. Petitioners marked their protests by waving black flags on a matter that they perceived to be unjust. The mode of protests adopted by the petitioners has entangled them in a criminal prosecution. They challenge the prosecution initiated against them in this proceeding under section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
2. Petitioners are accused 1 to 3 in C.C.No.403 of 2020 on the files of the Judicial First Class Magistrate Court-III, North Paravur. The prosecution alleges that the accused had, on 09.04.2017, in violation of the orders of the Hon’ble High Court of Kerala and with the intention to defame the Chief Minister, waved a black flag at the convoy of the Chief Minister, and when the police personnel tried to restrain them from proceeding towards the convoy, the accused used criminal force by pushing the police and thereby committed the offences under sections 283, 188, 500 and 353 r/w section 34 of the Indian Penal Code, 1860 (for sho
Prosecution for trivial acts, such as waving a black flag, does not constitute an offence under IPC sections when no substantial harm or defamation is established.
Police cannot register FIR under Section 188 IPC without court complaint; peaceful protests raising slogans protected as fundamental right.
The court found that peaceful protests are constitutionally protected and that charges of unlawful assembly and disobedience were unsustainable due to lack of evidence for assault or criminal force.
Peaceful protest without blocking traffic or prohibitory orders cannot justify FIR; fundamental right upheld, quashing invalid police FIR.
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