Kerala High Court has issued its judgment regarding the incident of displaying a black flag in Chief Minister Pinarayi Vijayan’s convoy. The court has stated that displaying a black flag to an individual is not against the law and is not considered as defamation. Additionally, the court has thrown out a parallel case involving three individuals.
Justice Bechu Kurian Thomas stated in the ruling on Wednesday that demonstrations are vital for a functioning democracy.
In 2017, three young people from Paravur in Ernakulam district were alleged to have waved black flags at CM Vijayan’s convoy in an attempt to tarnish his reputation. Based on the official report, they reportedly pushed officers and used force when the police attempted to prevent them from advancing towards the convoy.
Three individuals were charged by the police in a magistrate court in Paravur in 2020. They were charged with IPC offenses related to defamation, obstructing a public servant’s duty, and additional charges. The defendant then took the case to the High Court in protest.
High court ruled that displaying or shaking a black flag at someone is not defamation or illegal. Displaying a black flag to the Chief Minister’s convoy does not constitute defamation under Section 499 of the IPC.
Displaying black flags at the convoy, though considered disrespectful, does not constitute defamation according to Section 499 of the IPC.
High court also added that if a specific color on the flag is shown, no matter the justification or intention behind it, it should not be considered a symbol unless explicitly stated so by law. Prohibiting the hoisting of the flag in such cases would be deemed as defamation and is not allowed.
Additionally, High court stated that the police report alone is not sufficient to pursue charges for defamation; charges can only be filed based on a complaint made by the victim. High court further stated that the defendant cannot be charged for the altercation with law enforcement officers. High court stated that the Chief Minister’s convoy was not held up, as the police team quickly intervened and cleared the protesters, according to the final report.