IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
MOYIDEEN KUTTY M.K – Appellant
Versus
THE STATE OF KERALA, HOME DEPARTMENT – Respondent
WP(CRL.) NO. 1479 OF 2025
| Table of Content |
|---|
| 1. court's directive on assessing the writ petition. (Para 1) |
| 2. complaint about social media content affecting religious sentiments. (Para 2 , 3) |
| 3. direction for police to consider the complaint. (Para 4 , 5) |
K.BABU, J.
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WP(Crl) NO. 1479 OF 2025 -------------------------------------------
Dated this the 28th day of January 2025 JUDGMENT The prayer in this writ petition is as follows;
a) Issue a writ of mandamus or any other appropriate writ, direction or order, directing authorities to act suo-moto and initiate legal proceedings against 6th Respondent for hate speech and religious defamation under Sections 196 , 197, 299, 302 and 353 of the Bharatiya Nyaya Sanhita , 2023.
b) Grant an interim relief by directing the immediate removal of defamatory and hate speech content posted by the respondent on social media, and direct monitoring to stop further hate speech and ensure quick police action.
c) Direct authorities to submit a report on the steps taken for investigation and prosecution within a specified timeframe, ensuring compliance with the Supreme Court’s judgment in Shaheen Abdulla v. Union of India (2022 LiveLaw (SC) 872).
d) Award costs in favor of the Petitioner for legal expenses and distress caused by the inaction of authorities.
And e) To issue such other reliefs as this Honorable Court may deem fit and proper in the circumstances of this case.
2.The petitioner is a resident of Malappuram District. He alleges that he came across with some social media content published by the 6th respondent, which is offensive to the religious sentiments of Muslims.
3.The petitioner filed complaints before the Station House Officer, Kottakkal Police Station, and Higher Police Officials. The grievance of the petitioner is that the Police have not taken steps to register a crime against the 6th respondent.
4.The learned Public Prosecutor submitted a report received from the SHO, Kottakkal Police Station. The SHO has reported that the complaint submitted by the petitioner has been forwarded to the District Superintendent of Police, Malappuram, for further action, as the alleged offences were committed not within the territorial limits of the Kottakal Police Station.
5.The learned counsel for the petitioner submits that the alleged acts attract the offences punishable under Sections 196 , 197, 299, 302 and
353 of the Bharatiya Nyaya Sanhita , 2023.
Having regard to the submissions made, there will be a direction to the 3rd respondent to consider the complaint filed by the petitioner and proceed, in accordance with law.
The writ petition is disposed of as above.
Sd/-
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