Petitioner's Request to Terminate Prosecution Denied; Must Face Trial for Posts Encouraging Violation of Covid-19 Restrictions
In a significant ruling, the Kerala High Court has dismissed a petition filed by Biji Garnet seeking to quash criminal proceedings against him for allegedly making provocative statements on Facebook. The court held that these statements were capable of inciting people to violate Covid-19 restrictions, thus necessitating a trial.
Justice G. Girish delivered the judgment on March 9, 2026, in CRL.MC No. 5579 of 2020. The petitioner, Biji Garnet, is accused in case number CC No. 4068/2020, which is pending before the Judicial First Class Magistrate Court-I, Attingal. The charges include violations under Section 153 of the Indian Penal Code, Section 120(o) of the Kerala Police Act, 2011, and Section 6 of the Kerala Epidemic Diseases Ordinance, 2020.
The allegations stem from Facebook posts made by Garnet during the Covid-19 pandemic, which were purportedly designed to incite readers to flout government-imposed restrictions intended to curb the spread of the virus. Despite Garnet's claims of innocence and assertions that the posts were not intended to provoke rioting, the court found that the posts indeed encouraged a mindset contrary to public safety measures.
Justice Girish emphasized that such actions are not expected from responsible citizens, especially during a public health crisis. He noted that the posts contravened the Kerala Epidemic Diseases Ordinance, highlighting the importance of adhering to governmental directives for the greater public good.
The court's decision underscores the judiciary's stance against the misuse of social media platforms to undermine public health initiatives. By refusing to exercise its inherent powers under Section 482 of the Cr.P.C. to terminate the proceedings at this stage, the court has paved the way for Garnet to face a trial, thereby reinforcing the legal system's role in maintaining public order and safety.
Garnet's plea to quash the proceedings was thus rejected, affirming that the legal process must take its course. The ruling serves as a reminder of the responsibilities associated with social media use, especially during times of crisis.
Bottom Line:
Facebook posts capable of prompting people to commit rioting by violating restrictions imposed to check the spread of Covid-19 pandemic cannot be quashed under Section 482 Cr.P.C. The accused must face trial.
Statutory provision(s): Section 153 IPC, Section 120(o) of the Kerala Police Act, 2011, Section 6 of the Kerala Epidemic Diseases Ordinance, 2020, Section 482 Cr.P.C.
Biji Garnet v. State Of Kerala, (Kerala) : Law Finder Doc id # 2869528
