Kerala High Court Quashes Case Against Citizen for Facebook Comment Criticizing Government

Court Upholds Freedom of Speech, Rules Mere Criticism of Government Policies Not Grounds for Criminal Prosecution

In a significant judgment, the Kerala High Court, presided over by Justice V.G. Arun, has quashed criminal proceedings against Manu S, who faced charges under Section 505(1)(b) of the Indian Penal Code and Sections 118(b), 118(c), and 120(o) of the Kerala Police Act, 2011. The case was initiated after a Facebook comment by the petitioner criticized a government initiative, suggesting that direct contributions would be mismanaged.

The petitioner argued that the comment was an exercise of the fundamental right to freedom of speech and expression, as guaranteed by Article 19(1) of the Constitution of India. The court agreed, stating that the right to criticize government policies is a core component of this fundamental right and that such criticism does not warrant criminal prosecution unless it incites public disorder or affects essential services.

The judgment emphasized that the comment did not reach the level of incitement necessary to justify restrictions under Article 19(2). The court further clarified that the penal provisions cited against the petitioner require strict interpretation, and the comment in question did not fulfill the criteria for incitement or causing public alarm as defined by the relevant statutes.

The prosecution's argument that the comment disrupted essential services was also dismissed. The court noted that the call for contributions to the Chief Minister's Distress Relief Fund did not fall within the scope of 'essential services' as defined by the Kerala Police Act, which should be interpreted ejusdem generis with Section 82 of the same Act.

The High Court's decision reinforces the importance of upholding the freedom of speech and expression, particularly in a democratic society, and sets a precedent for the interpretation of related legal provisions in the context of social media and public criticism of government actions.

Bottom Line:

Exercise of freedom of speech and expression under Article 19(1) of the Constitution - Mere criticism of government policies without incitement does not attract criminal prosecution under Section 505(1)(b) of IPC or Sections 118(b), 118(c), and 120(o) of the Kerala Police Act.

Statutory provision(s): Constitution of India, Article 19(1); Indian Penal Code, Section 505(1)(b); Kerala Police Act, 2011, Sections 118(b), 118(c), and 120(o).

Manu S v. State of Kerala, (Kerala) : Law Finder Doc Id # 2806217