Clamping Persons Expressing Dissent With Criminal Cases An Affront To Democratic Values Of Constitution: Kerala High Court

The Kerala High Court recently quashed the criminal proceedings against two persons for allegedly posting negative comments in a whatsapp group regarding the collection of money to the CMDRF (Kerala Chief Minister's Distress Relief Fund) account for Wayanad landslide victims.

A crime was registered against the petitioners under Sections 192 [Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed] and 45 [Abetment] of the Bharatiya Nyaya Sanhitha, 2023 (BNS), Section 51 of the Disaster Management Act, 2005 [Punishment for obstruction, etc] and Section 120(o) of the Kerala Police Act, 2011 [Penalty for causing nuisance and violation of public order].

Justice V.G. Arun observed:

"The comments, when read as a whole, makes it apparent that they were posted during the course of a discussion regarding utilization of the contributions made to the CMDRF. There are comments about mis-utilisation 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."

The Court held that the offences alleged is not made out in the present case. It opined that fair criticism of the government's actions cannot be termed as something done with an intention to cause rioting. The same reasoning was made by the Court to state that the offence under the Kerala Police Act would not be made out. Moreover, since there was no obstruction to any public servant or refusal to comply with the directions of the governments or any of its servants, the offence under the Disaster Management Act would not be attracted.

It observed:

"Our 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 our 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 our great Constitution."

Thus, it allowed the petition and quashed the criminal proceedings against the petitioners.

Case No: Crl.MC No. 497/2025

Case Title: Gowri Sankari V.S. and Anr. v. State of Kerala and Ors.

Citation: 2025 LiveLaw (Ker) 496

Counsel for the petitioners:

Counsel for the respondents: Sheeba Thomas, Public Prosecutor

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