Waving black flags not illegal or defamatory: Kerala HC

November 22, 2024 00:42

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In a setback for the Left government in Kerala, the high court in Kochi has said that waving of black flags at the chief minister's convoy was not an illegal act and does not amount to defamation.

The ruling by Justice Bechu Kurian Thomas assumes significance as many Youth Congress activists faced police action for waving black flags at CM Pinarayi Vijayan during the Nava Kerala Sadas, the state government's outreach programme, last year.

"Though signs and visible representations can be a mode of defaming a person, still, showing or waving a black flag to a person cannot amount to defamation nor is it an illegal act," Justice Thomas said.

The ruling came while quashing the final report against three persons for waving black flags at Vijayan's convoy in 2017 as it passed through North Paravur near Kochi.

The court said that, generally, a black flag is shown as a mark of protest and as long as there is no law which prohibits it, such conduct cannot attract the offence of defamation.

It further said that in the instant case, the offence of defamation was alleged and cognisance was taken on the basis of a police report which were without any legal validity as such action can be initiated only on the basis of a private complaint.

The court further noted that a reading of the final report indicated that "no obstruction was caused to the Chief Minister's convoy even temporarily, as the police party had blocked and removed the protesters immediately".

"There is, hence, nothing to indicate that any obstruction was caused by the petitioners even temporarily to any person. Thus, the offence under section 283 (danger or obstruction in public way or line of navigation) of IPC is not attracted from the allegations in the final report," it said in its order of November 20.

The court also noted that according to the final report, when the accused were protesting, the police prevented them from obstructing the CM's convoy, and in that process, the accused allegedly pushed and pulled at the officers' uniform. -- PTI

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