Criticism of state not sedition: HC

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The Kerala high court has ruled that forms of protests, like publishing material or preaching against the state, or even questioning the very form of the government, are not punishable acts.

For, “They cannot be considered as actions causing disaffection to the government.”
“Shouting slogans for a classless society and for socialism will also not attract sedition charges,” the court ruled.

Justice S.S. Satheeshachandran passed the order while quashing the criminal case registered against Mr M J Manuel, an activist of ‘Porattom’ organization, for pasting posters in Kozhikode town exhorting a boycott of the 13 state assembly polls in April, 2011.

The court also held that, under democracy, an offence should be examined within the letter and spirit of the Constitution and not as in the days under the imperial rule. In those days, many personalities, including the Father of the Nation and several freedom-fighters, were tried and punished for questioning the government, the court pointed out.

The police had framed charges under sections of 124A (Sedition) and 153 (Wanton provocation with intent to cause riot) against Mr Manuel.

The court held that the police had not obtained the prosecution sanction to probe whether pasting a poster was legal or illegal. “The proceedings against the petitioner on the report of the police indicting him of the offences cannot be sustained,” the court held.