Wayanad landslides: HC quashes case against two persons for comments against CMDRF donations
Justice V G Arun delivered the ruling while quashing a criminal case and further proceedings against V S Gowri Sankari of Thiruvananthapuram and U Prasant Bellulaya of Kasaragod, accused of posting negative comments in a WhatsApp group about the solicitation of contributions to the chief minister's distress relief fund (CMDRF) for the rehabilitation of Wayanad landslide victims.
The Bakal police had booked the petitioners under Sections 192 (wantonly giving provocation with intent to cause a riot) and 45 (assisting or encouraging another person to commit a crime) of BNS, Section 51 of the Disaster Management Act, 2005, and Section 120(o) (causing nuisance to any person by repeated or undesirable communication) of the Kerala Police Act.
HC observed that the mere fact that comments are unpalatable to some people, or even to the govt, is no reason to initiate criminal prosecution.
The remarks, though critical of the govt, were within the bounds of law. Finding the comments to be fair criticism, HC held that continuing the prosecution would amount to an abuse of process of law and a violation of the freedom of speech and expression guaranteed by the Constitution.
The bench further noted that the comments referred to alleged misutilisation of donated funds and criticised the political party in power. Assuming that such remarks could incite a riot or cause nuisance was "preposterous", HC said. It also observed that the govt's request for contributions could not be treated as a 'direction,' and therefore, cautioning WhatsApp group members before making donations would not amount to refusal of a direction under Section 51 of the Disaster Management Act.
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