Mere expression of opposition to government policies does not establish an offence under Section 124A IPC in absence of incitement to violence or illegal actions.

JUDGMENT :

P.VELMURUGAN, J.

This Criminal Appeal has been filed by the State to set aside the judgment of acquittal of the respondent/accused namely Manuvel Amalraj in Sessions Case No.84 of 2015 dated 30.01.2019 by the Assistant Sessions Court (Sub Court), Sathiyamangalam, Erode District and convict the respondent/accused for the charges framed against him.

2. The case of the prosecution is that on 11.06.2013 at 2.00 p.m., the Hasanur Special Sub Inspector (P.W.6), gave a special report to the Inspector of Police, Thalavadi Police Station, stating that today (11.06.2013) at about 12.00 p.m., when he visited the Neithalapuram Bus Stop along with Head Constable-2253 (P.W.7) and Constable-2541 (P.W.4) of Thalavadi Police Station, they noticed the accused/respondent herein was speaking against the Government of India stating that the Government of India has announced the setting up a Fourth Tiger Sanctuary in Tamil Nadu’s Sathiyamangalam Forest and based on which, the Tamil Nadu Government has issued an order. The accused instigated that if the Sathiyamangalam Forest is announced as a Tiger Sanctuary, people cannot live there. The hill tribes and villagers who live there will be removed by the Government and they cannot enter the forest even to collect fire wood, graze cows etc. Even if people are permitted to reside nearby, schools, hospitals, water connections and other Government welfare measures will not be provided to the people. The Indian Government has to withdraw the orders of Tiger Sanctuary that have been announced against the public and law. Against the orders that destroys agriculture and takes away the rights of the State Government, the Tamil Nadu Government has to pass a resolution in the assembly. Further, the accused instigated the people by stating that you should fight against Government for your livelihood. Moreover, to create confusion and riot among the people, he had spread false propaganda against the Government, disrespecting the Government policies and orders, by showing gestures among the people of Neithalapuram, thereby attempting to bring disbelief and disrespect towards the Government.

3. Based on the report submitted by the Special Sub Inspector of Police, a case in Crime No.21 of 2013 was registered by Hasanur Police against the accused/respondent for the offence under Section 124(A) of IPC. Subsequently, 'Q' Branch CID of the State Government took up the matter for its effective investigation, on the strength of the appropriate orders of the department. After completion of thorough investigation, got sanction accorded from the appropriate authority (P.W.27) and they filed 2 charge sheets before the Judicial Magistrate, Sathiyamangalam, for the offences under Sections 124(A) and 505 IPC, alleging that the accused visited some of the witnesses in Sathyamangalam on various dates and canvassed people stating that the people and working class of Thalavaid, Hasanur and Neithalapuram should be given awareness as to how the Central and State Governments are cheating the people in the name of Tiger Reserve; He further canvassed that the Central and State Governments are helping the capitalists to exploit the working class and the tribal people and therefore, the people should overthrow the Central and State Governments that are working in favour of the capitalist through armed revolution; Further, the accused claimed himself to be a member of C.P.I., (Moist) and trained in Arms and bomb making and instigated the people to protest against the Central and State Governments by armed revolution stating that he is ready to give Arms training; and thereby, the accused attempted to bring hatred and enmity towards t