IMPORTANT POINT
A speech made in a private meeting does not constitute an offence under Section 505(1)(b) IPC if it is not likely to induce public alarm, and fair criticism of judicial decisions is protected under constitutional rights.

ORDER :

P.V.Kunhikrishnan, J.

The petitioner was the President of the Kerala State Unit of Bharatiya Janatha Party (BJP). He is now discharging his duties as the Governor of the State of Goa. While the petitioner was serving as the Kerala State President of BJP, he was arraigned as an accused in Crime No.600/2018 of Kasaba Police Station, Kozhikode. The above case was registered alleging an offence punishable under Section 505(1)(b) of IPC.

2. The allegation against the petitioner is as follows:-

In a speech delivered by the petitioner on 04.11.2018 at the “Bharathiya Yuva Morcha State Council Closure Meeting”, he stated that closure of “Sabarimala Nada” by the “Thanthri” in case of the entry by “yuvathi” (adolescent women) will not amount to contempt of court and that the “Thanthri” is not alone and we all are behind the “Thanthri”. It is further alleged that, this statement which was broadcast through the media induced the Ayyappa Bhakthas to commit criminal offences. Hence, it is alleged that the petitioner committed the offence under Section 505(1)(b) of IPC.

3. The 2nd respondent, submitted a complaint before the Station House Officer, Kozhikode Kasaba Police Station on 05.11.2018 as evident by Annexure-I. Based on the same, an application was filed before the Judicial First Class Magistrate Court-III, Kozhikode for getting orders under Section 155(2) Cr.P.C for registering a case. As per Annexure-II order, the learned Magistrate granted sanction. Accordingly, Annexure-III FIR was registered. According to the petitioner, even if the entire allegations are accepted, no offence is made out against the petitioner. Hence, this Criminal Miscellaneous Case is filed.

4. Heard the learned Senior Counsel Adv. Sri. B. Raman Pillai instructed by his retaining counsel for the petitioner. I also heard the learned Public Prosecutor Adv. Sri. Sangeetharaj N.R., who appeared for the State.

5. The Senior Counsel Adv. B. Raman Pillai takes me through the Annexure-I complaint and submitted that, even if the entire allegations are accepted, the offence under Section 505(1)(b) IPC is not made out. The learned Senior Counsel also submitted that, the FIR is registered based on a portion of the speech made by the petitioner. The Senior Counsel takes me through the manuscript of the speech which is produced as Annexure-V, and submitted that there is nothing to attract Section 505(1) (b) of IPC, when viewed in its entirety. The Senior Counsel submitted that, at that time, the petitioner was also practicing as a lawyer and a fair criticism of a judgment of the Apex Court will not attract a criminal offence.

6. The learned Public Prosecutor takes me through the statement filed by the Inspector of Police, Nadakkavu Police Station, Kozhikode and submitted that the case is at the investigation stage and this Court may not interfere with the investigation. The police will thoroughly investigate the matter and thereafter do the needful, in accordance with the law. The Public Prosecutor takes me through some of the statements made by the petitioner in his speech and submitted that the same is alarming to the public and could induce individuals to commit an offence against the State or against the Public tranquillity. Therefore, the offence under Section 505(1) (b) IPC is made out, is the submission of the Public

7. This Court considered the contentions of the petitioner and the Public Prosecutor. The offence alleged in the First Information Statement is under Section 505(1) (b) IPC. It will be better to extract Section 505(1)(b) of IPC:

“505. Statements conducing to public mischief. (1) Whoever makes, publishes or circulates any statement, rumour or report,—

(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the Army, Navy or Air Force of India to mutiny or otherwise disregard or fail in his duty as such; or

(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the publi