Waving Black Flags At Chief Minister's Convoy Not Illegal, Defamatory: Kerala High Court

In a setback for the Left government in Kerala, the High Court here has said that waving of black flags at the Chief Minister's convoy was not an illegal act and does not amount to defamation.

The ruling by Justice Bechu Kurian Thomas assumes significance as many Youth Congress activists faced police action for waving black flags at Chief Minister Pinarayi Vijayan during the Nava Kerala Sadas, the state government's outreach programme, last year.

"Though signs and visible representations can be a mode of defaming a person, still, showing or waving a black flag to a person cannot amount to defamation nor is it an illegal act," Justice Thomas said.

The ruling came while quashing the final report against three persons for waving black flags at Mr Vijayan's convoy in 2017 as it passed through North Paravur near here.

The court said that, generally, a black flag is shown as a mark of protest and as long as there is no law which prohibits it, such conduct cannot attract the offence of defamation.

It further said that in the instant case, the offence of defamation was alleged and cognisance was taken on the basis of a police report which were without any legal validity as such action can be initiated only on the basis of a private complaint.

The court further noted that a reading of the final report indicated that "no obstruction was caused to the Chief Minister's convoy even temporarily, as the police party had blocked and removed the protesters immediately".

"There is, hence, nothing to indicate that any obstruction was caused by the petitioners even temporarily to any person. Thus, the offence under section 283 (danger or obstruction in public way or line of navigation) of IPC is not attracted from the allegations in the final report," it said in its order of November 20.

The court also noted that according to the final report, when the accused were protesting, the police prevented them from obstructing the Chief Minsiter's convoy, and in that process, the accused allegedly pushed and pulled at the officers' uniform.

"Minimal push and pull is only natural while preventing a person from causing obstructions. The allegations do not indicate any obstruction caused in the discharge of the police duty. The allegations in the final report only indicate a trivial instance of push and pull by the petitioners.

"... this court is of the view that having regard to the nature of allegations and in the absence of any assault or injury on the police officers and since the duty of the police officers was not deterred, section 95 (act causing slight harm) IPC can be applied to quash the offence under section 353 (assault or criminal force to deter public servant from discharge of his duty) IPC," the court said.

The petitioners were booked for the offences under sections 283, 188 (disobedience to order duly promulgated by public servant), 500 (defamation) and 353 of the IPC for waving black flags at the Chief Minsiter's convoy in 2017.

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