The Kerala High Court has quashed criminal proceedings that were initiated against two persons for allegedly posting ‘negative comments’ in a Whatsapp group about the collection of money towards the Kerala Chief Minister’s Distress Relief Fund (CMDRF) account for victims of the July 2024 Wayanad landslides.
A case was registered against the petitioners under BNS on the charge of wantonly giving provocation with intent to cause rioting, for punishment for obstruction etc under the Disaster Management Act and for causing nuisance and violation of public order under the Kerala Police Act.
A Bench of Justice V.G. Arun recently held that the comments, when read as a whole, makes it apparent that they were posted during the course of a discussion regarding the utilisation of the contributions made to the CMDRF.
On misutilisation of funds
There are comments about misutilisation of the money donated and also against the political party in power. Even if so, to assume that such comments are capable of causing riot among the public and nuisance to others is to say the least, preposterous. That the comments are not palatable to a group of people or even to the government is no reason to initiate criminal prosecution against the petitioners since the comments, though critical of the government, are well within the bounds of law.
Stating that the offences alleged has not been made out in the present case, the court said that fair criticism of the government’s actions cannot be termed as something done with an intention to cause rioting. Neither would it attract the provisions of Kerala Police Act. An offence under the Disaster Management Act too would not be attracted since there was no obstruction to any public servant or a refusal to comply with the directions of the government or any of its servants.
The Constitution guarantees the right to freedom of speech and expression to every citizen. Fair criticism and right to express dissent is intrinsic to the concept of democratic governance. Clamping persons expressing dissent or raising criticisms with criminal cases is an affront to the democratic values enshrined in the Constitution. The comments posted by the petitioners being fair criticism, continuation of their prosecution will be an abuse of process of law and violative of the freedom of speech and expression guaranteed by the Constitution, the court added.
Published – August 14, 2025 09:32 pm IST
