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Time of India
5 days ago
- Politics
- Time of India
Wayanad landslides: HC quashes case against two persons for comments against CMDRF donations
Kochi: Tackling people expressing dissent or criticism through criminal cases is an affront to the democratic values enshrined in the Constitution, high court has held. 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. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area.
Time of India
05-08-2025
- Politics
- Time of India
Disrespecting Gandhi statue: Kerala high court quashes case against law student
Kochi: High court has quashed the criminal proceedings initiated against a law student who was accused of disrespecting a statue of Mahatma Gandhi on the college campus by placing a pair of sunglasses and a Christmas wreath on it. The bench of Justice V G Arun, while allowing the student's petition to quash the case, observed that though the alleged act is undoubtedly immoral, it cannot be termed illegal in the absence of any law that prohibits or prescribes punishment for such conduct. According to prosecution, the incident happened at a law college in Aluva during preparations for Christmas celebrations in 2023. The student also allegedly commented that "Gandhi is long dead." The act was recorded on video and posted in student WhatsApp groups, which led to complaints being lodged with the college principal. Consequently, apart from the registration of a criminal case, the student was suspended from college for five days and fined Rs 5,000. Edathala police in Aluva registered a case against the student under IPC Sections 153 (wantonly giving provocation, with intent to cause riot) and 426 (punishment for mischief). Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Epson WorkForce Printers with PrecisionCore Epson Learn More Undo by Taboola by Taboola The student contended that neither any central legislation nor any state law prescribes punishment for defiling a statue of Mahatma Gandhi. To attract Section 153 IPC, the conduct must be not only wanton or malicious but also unlawful. Similarly, the allegations did not satisfy the ingredients of mischief under Section 426 IPC, as the act did not fall within the statutory definition of mischief. Accepting the petitioner's arguments, HC observed that immoral acts, behaviours considered wrong or unethical according to societal norms or personal moral frameworks, do not necessarily amount to legal offences. The court noted that even the Prevention of Insults to National Honour Act, 1971, does not contain any provision prohibiting the defilement of images or statues of national leaders. HC, however, noted that it is the moral duty of every Indian citizen to respect the freedom fighters who played a crucial role in liberating the country from colonial rule. In its judgment, it quoted the American historian Will Durant on Mahatma Gandhi: "Not since Buddha has India so revered any man. Not since St Francis of Assisi has any life known to history been so marked by gentleness, disinterestedness, simplicity of soul and forgiveness of enemies. "
New Indian Express
13-07-2025
- Politics
- New Indian Express
Discrimination against SC community remains: Kerala High Court
KOCHI: The Kerala High Court has observed that despite protective provisions for Scheduled Caste communities in the Constitution and laws like the SC and ST (Prevention of Atrocities) Act, discrimination and ostracisation against them have not been fully eradicated. Justice V G Arun said the Scheduled Castes in India have faced systemic ignominy like exclusion, untouchability and violence rooted in centuries-old caste hierarchy. They had restricted access to resources, land and quality education. Still, the discrimination continues. 'One cannot be oblivious of the fact that the tolerance level of persons from vulnerable sections will not be the same as that of those who have not suffered any such ignominy. To put it pithily, only the wearer knows where the shoe pinches,' the court said. The HC made the remarks while dismissing a petition filed by C K Kusuman, former principal of DB College in Kottayam's Keezhoor, seeking to quash the case against him for allegedly making casteist remarks against an assistant professor in 2022. Advocate Thomas J Anakkallunkal, the assistant professor's counsel, said the principal made the comments with the deliberate intention of insulting him by reason of his parentage. The remarks were made during the staff meeting of the college, the counsel said. The court said the question of whether the insulting remark made inside the hall can be perceived as something done within public view can only be decided based on evidence, and the HC cannot conduct a mini-trial or microscopic scrutiny of documents.
News18
09-07-2025
- Politics
- News18
No Religion, No Caste, Only Curiosity: Kerala Judge's Advice On Raising Children
Last Updated: Justice VG Arun of Kerala High Court praised parents raising children without declaring their caste or religion. He said such students are a home for future's betterment. No Religion, No Caste, Only Curiosity: Kerala Judge's Advise On Raising ChildrenKerala High Court judget VG Arun remarked that the children who raised without any caste or religion bar represent the future. As per a report by Bar and Bench, Arun's statement came while addressing an event organised by the Kerala Yuktivadi Sanghom. He lauded the parents who are chosing to not declare their child's religion in the school records. He also said that such students will be able to ask the questions that other's can't. 'I laud each of you who send your children to school and teach them without attaching religion or caste to their names. These children are the promise of tomorrow. These are the children who will tomorrow ask the right questions without fear, even in the face of opposition from society," Bar and Bench quoted Justice Arun as saying. The event was organized to honor Pavanan, the esteemed rationalist writer, and to felicitate fellow rationalist author Vaisakhan. Justice Arun paid tribute to both, praising their unwavering dedication to reason and secularism, symbolized by their decision to discard caste-based surnames in favor of pen names. In the speech delivered in Malyalam, Justice Arun also recalled his father, who was also an author and was eply influenced by Pavanan, even adopting the pseudonym 'Anilan" in his early writing. 'Social media warriors pounce on them like vultures. I am currently presiding over the jurisdiction which deals with quashing criminal proceedings. Many petitions that come before me are to quash cases registered based on social media comments. I have to read these posts to consider those cases. It is distressing but I must say these social media posts pollute the Malayalam language. I have often wondered how a Malayalee can debase themselves in such a manner. I believe this is due to the lack of rationalists like Pawanan and Vaisakhan", Justice Arun said. Get breaking news, in-depth analysis, and expert perspectives on everything from politics to crime and society. Stay informed with the latest India news only on News18. Download the News18 App to stay updated! view comments First Published: July 09, 2025, 20:32 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
NDTV
21-06-2025
- NDTV
Cops Can't Barge Into History Sheeters' Homes For 'Surveillance': Court
Kochi: The Kerala High Court has held that the police have no right to knock on the doors of suspected persons or history sheeters or "barge" into their homes at night under the guise of surveillance. The ruling by Justice V G Arun came on a plea by a man accused of threatening police officers from discharging their duties when they asked him to come out of his home late at night as part of night check on rowdy history sheeters. Allowing the plea, the court quashed the FIR against the man and all further proceedings in connection with it, saying that "under the guise of surveillance, the police cannot knock on the doors or barge into the houses of history sheeters". The court said that police officers should understand that the concept of home "transcends its physical manifestation as a dwelling and encompasses a rich tapestry of existential, emotional and social dimensions". "In other words, every man's house is his castle or temple, the sanctity of which cannot be vilified by knocking on the door at odd hours. A person's right to life encompasses the right to live with dignity and dignity is non-negotiable," it said. The court further said that under the Kerala Police Manual only 'informal watching' of history sheeters and 'close watch' over those leading criminal existence were permitted. "Undoubtedly, neither of those expressions permit domicile visits at night," it added. It also pointed out that under section 39 of the Kerala Police Act all persons are bound to comply with the 'lawful directions' of a police officer for discharge of his functions. "Knocking on the doors of a history sheeter at midnight and demanding him to come out of the house cannot by any stretch of imagination be termed as a lawful direction," the court said. Consequently, the petitioner cannot be prosecuted for the offence of threatening a police officer to obstruct him from discharging his duties under the Kerala Police Act for refusing to abide by the direction to come out of the house at night, the court added. "If, as alleged, the petitioner had used derogatory language or threatened the police during the course of such refusal, his action may invite some other offence, but definitely not the offence he is presently charged with," it said. The petitioner had claimed that he was implicated in the case to divert the enquiry ordered by the High Court into his complaint alleging police harassment. The police had claimed that as part of their night check duty on rowdy history sheeters, officers had gone to ascertain if the petitioner was at home. However, when he was asked to open the door of his home, he refused to do so and also abused and intimidated the officer, it had alleged.
