‘Showing black flag to anyone is not illegal’, High Court ruled in a case related to the Chief Minister

Kerala High Court’s decision: Kerala High Court has given its decision in the case of hoisting black flag in front of Chief Minister Pinarayi Vijayan’s convoy. The court has said that showing a black flag to a person is not an illegal act and it does not come under the purview of defamation. Along with this, the court has dismissed a similar case involving three people. In Wednesday’s judgment, Justice Bechu Kurian Thomas also said that protests are necessary for effective democracy.

In the 2017 incident, three youths from Paravur in Ernakulam district were accused of hoisting black flags on Chief Minister Vijayan’s convoy with the intention of defaming him. According to the complaint, when the police tried to stop them from moving towards the convoy, they allegedly pushed the police personnel.
Why and how was the case registered?

In 2020, the police filed a charge sheet against three people in a magistrate court in Paravur. He was booked under IPC sections that relate to defamation, preventing a public servant from performing duties and others. After this, the accused approached the High Court challenging the case.

The court said, ‘If a person shows or waves a black flag, it cannot be considered as defamation, it is not even an illegal act. Even if someone shows a black flag to the convoy of the Chief Minister, such conduct cannot in any way be considered offensive on the basis of the language of Section 499 of the IPC.’

The court further said, ‘If a person displays a flag of a particular color, for any reason, even if it is not a symbol of protest, unless there is a law prohibiting the flying of the flag, such practice amounts to defamation. Is accused of. Cannot be implemented.’

Apart from this, the court said, ‘Police report cannot be the basis for taking cognizance of the offense of defamation because it can be taken only on the complaint made by the victim. In case of scuffle with police personnel, a case cannot be initiated against the accused. The final report did not indicate that the Chief Minister’s convoy was obstructed as the police force immediately stopped and removed the protesters.’