‘Nava Kerala Sadas' speech: Kerala HC stays proceedings against CM Pinarayi Vijayan
Pinarayi Vijayan
's 'life saving' speech at Kannur during the Nava Kerala Sadas tour in 2023 amounted to the offence of abetment under Section 109 of IPC.
The bench of Justice V G Arun issued the interim order while considering a petition by the chief minister challenging the Ernakulam chief judicial magistrate (CJM) court's order of July 3. The CJM court had held that the alleged speech prima facie contained elements of abetment, observing that it instigated the use of muscle power to suppress protestors. The court also held that cognizance of the offence could be taken only upon production of a sanction for prosecution from the governor.
While considering Vijayan's petition, HC observed that there appears to be prima facie substance in the petitioner's contention that the CJM exceeded his jurisdiction by entertaining the complaint, since the alleged incident occurred outside the court's territorial limits. The bench also noted that the contention that the contents of the alleged speech do not attract the offence under Section 109 IPC is a matter requiring serious consideration.
HC posted the matter for Oct 14.
The case arises from a complaint filed by Ernakulam DCC president Muhamed Shiyas, alleging that a speech delivered by the CM at Kannur on Nov 20, 2023, during the Nava Kerala Sadas tour, amounted to abetment under Section 109 IPC. In the speech, the CM praised bystanders who prevented protestors from coming in front of the moving Nava Kerala Sadas bus, describing their actions as 'life saving.'
The complaint alleged that this statement led to brutal attacks on Youth Congress workers who were protesting against the Sadas, accusing the govt of maladministration.
The attacks were allegedly carried out by CPM, DYFI and SFI members.
Earlier, acting on the CJM's directive, police had submitted a report finding no material against the CM. However, the CJM rejected the report, observing that the speech prima facie amounted to the instigation of criminal offences.
In his petition, Pinarayi contended that the CJM, Ernakulam, lacked territorial jurisdiction to entertain the complaint since the alleged incident took place in Kannur. He also submitted that the complaint is politically motivated.
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