Waving black flags at the Chief Minister’s convoy as a form of protest does not constitute defamation, according to the Kerala High Court. The court emphasized that protests are important for democracy.
The Kerala High Court dismissed the criminal charges against the Petitioners who were accused of waving black flags at the Chief Minister’s convoy. The Court stated that such actions do not amount to defamation. It emphasized that protests are vital for a healthy democracy, describing them as “external expressions of democratic awareness.” The Court noted that charges under Sections 188, 500, 283, and 353 of the IPC were not applicable, stating, “If we prosecute for every minor issue, we will have no time for serious matters.” Justice Bechu Kurian Thomas remarked that showing a black flag to the Chief Minister’s convoy cannot be seen as defamatory under section 499 IPC. He pointed out that a black flag can symbolize various meanings depending on the situation, often representing protest. As long as there is no law against waving a flag, such actions cannot be considered defamation.
The Petitioners faced accusations for waving black flags during a protest. They were charged with breaching orders from the Kerala High Court, defamation, blocking a public way, and using force against public officials. The Petitioners contended that a prosecution under Section 500 of the IPC needed a complaint from the affected person as per Section 199 of the Cr.P.C. and could not be based solely on a police report. The High Court ruled that a police report cannot be used to initiate a defamation case; it must be based on a complaint from the affected person. The court stated that defamation cases can only start with a private complaint, not a police report, and this principle is straightforward and needs no further explanation.
The judges observed that the Petitioners had merely waved a black flag at the Chief Minister’s convoy, which was the only action cited against them for defamation. The Court explained that while signs can be used to defame someone, waving a black flag does not constitute defamation or an illegal act. It noted that some minor conflict is expected when preventing someone from causing disruptions. The allegations did not show any obstruction to police duties, and the final report only described a minor incident involving the Petitioners.
As a result, the Court concluded that since no other charges applied and only Section 353 of the IPC was relevant, it believed that given the nature of the allegations and the lack of any assault or injury to police officers, Section 95 of the IPC could be used to dismiss the charge under Section 353. Therefore, since none of the charges against the Petitioners were valid, the final report should be dismissed. The High Court then granted relief to the Petitioners.
Cause Title: Simil & Ors. v. State of Kerala (Neutral Citation: 2024:KER:86736)
Appearance:
Petitioners: Advocates M.Vivek and Reneeta Vinu
Respondents: Public Prosecutor C.N. Prabhakaran
