Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
MANU S – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. criticism of government action does not equate to incitement. (Para 1 , 2) |
| 2. the elements of offenses under relevant sections were not met. (Para 3 , 4 , 5 , 6) |
| 3. limited definition of essential services for penal provisions. (Para 7 , 8) |
ORDER
The petitioner is the accused in Crime No.1698 of 2019 registered at the Ernakulam Central Police Station, now pending as C.C.No.210 of 2022 on the files of the Judicial First Class Magistrate Court-II, Ernakulam. Therein the petitioner is facing charges for offences under Sections 505 (1)(b) of the Indian Penal Code and 118(b), 118(c) and 120(o) of the Kerala Police Act , 2011. The case originated from Crime No.1698 of 2019 registered suo motu by the Ernakulam Central Police Station in relation to a comment posted in the Facebook account by the petitioner on 11.08.2019, a rough translation of which reads as under;
‘if anyone wants to help, they can do it directly. Pinarayi is agitated for not getting the amount directly and if paid, it will be swindled'.
2. The learned Counsel for the petitioner contended that every citizen has the right to criticize the Government and such criticism cannot result in prosecution. The right
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
