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P. S. Sreedharan Pillai – Appellant
Versus
State Of Kerala Represented By The Public Prosecutor – Respondent
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:-
3. The 2nd respondent, submitted a complaint before the Station House Officer, Kozhikode Kasaba Police Station on 05.11.2018
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 c....
Statements made in interviews, though scandalous, do not constitute offences under Sections 504 and 505(2) of IPC without intent to provoke or create disharmony.
The main legal point established in the judgment is that for offenses of abetment and statements conducing to public mischief, the intention and promotion of enmity or hatred between different groups....
The court emphasized the need to protect freedom of speech under Article 19(1)(a) and determined the FIR lacked basis for criminal charges under Sections 353(2) and 505(2).
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