Kerala Police Act modification | No FIR will probably be registered: authorities assures High Court

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The controversial part 118A makes publishing, expressing or making or dissemination of humiliating, abusing, threatening, and defaming contents via any mode of communication a bailable offence and offers for a punishment of three years

The State authorities on Tuesday assured a Division Bench of the Kerala High Court the police is not going to take any hostile motion or register any FIR, or take suo moto cognizance of the newly integrated Section 118A of the Kerala Police until the federal government takes a ultimate name on the controversial part.

Also learn: Kerala govt. not to put into effect the Ordinance to curb abusive content

The controversial part 118A makes publishing, expressing or making or dissemination of humiliating, abusing, threatening, and defaming contents via any mode of communication a bailable offence and offers for a punishment of three years.

The endeavor was given by the State authorities earlier than a Bench led by Chief Justice S. Manikumar when a bunch of writ petitions together with those by BJP President Ok. Surendran , RSP leaders Shibu Baby John and N. Ok. Premachandran and others difficult the constitutional validity of part 118A got here up for listening to.

When the petitions had been taken up for listening to, Additional Advocate General Ok.Ok. Raveendranath submitted that the State authorities was reconsidering the Ordinance which inserted the brand new part within the police act. He undertook that until the federal government took a ultimate resolution on the problem, “no adverse action , or registration of FIR on receipt of any complaint or suo motu cognizance will be taken by the police”.

When the Additional Advocate General made the submission that the federal government was reconsidering the availability, the Bench orally identified that the police may nonetheless register FIRs primarily based on the brand new part because the Ordinance had already come into power. The AAG then submitted that there wouldn’t be any coercive motion on the premise of Section 118A until the federal government reconsidered the problem.

The court docket recorded the submissions of the AAG and adjourned the petitions for additional listening to on November 25. According to the petitioners, the brand new part was unconstitutional. In truth, the Supreme Court within the Shreya Singhal case had struck down the same provision(118-D) of the Kerala Police Act together with part 66A(Punishment for sending offensive messages via communication companies) of IT Act as violative Article 19 (1) (a). The new part went in opposition to the Supreme Court ruling within the Shreya Singhal case.

Besides, it suffered from the vagueness, in opposition to which the Supreme Court had particularly cautioned. It would have a chilling impact on the train of the elemental proper to free speech and expression. Thus, the brand new provision violated the essential construction of the Constitution.



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