The court said that generally a black flag is displayed as a sign of protest (Archive)

Kochi:

In a setback to the Left government in Kerala, the Supreme Court here has said that waving black flags at the Chief Minister’s convoy was not an illegal act and did not amount to defamation.

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

“While signs and visible representations may be a means of defaming a person, still displaying or waving a black flag to a person cannot constitute defamation, nor is it an illegal act,” Judge Thomas said.

The verdict came as the final report against three people for waving black flags at Vijayan’s convoy in 2017 as it passed through North Paravur near here was quashed.

The court said that generally a black flag is displayed as a sign of protest and as long as there is no law prohibiting it, such behavior cannot amount to defamation.

It further said that in the instant case the offense of defamation was alleged and cognizance was taken on the basis of a police complaint which lacked legal validity as such action can only be initiated on the basis of a private complaint.

The court further noted that a perusal of the final report indicated that “no obstruction was caused by the Chief Minister’s convoy even momentarily, as the police party had blocked and removed the protesters immediately”.

“There is, therefore, nothing to show that any obstruction was caused by the petitioners even momentarily to any person. Thus, the offense under Section 283 (danger or obstruction of public road or navigation line) of the IPC is not drawn from the charges. in the final report,” it said in its order of 20 November.

The court also noted that according to the final report, when the accused protested, the police prevented them from obstructing the Chief Minister’s convoy, and in the process, the accused allegedly pushed and pulled the officers’ uniform.

“Minimum push and pull is only natural while preventing a person from causing obstruction. The allegations do not indicate any obstruction caused by the discharge of police duties. The allegations in the final report indicate only a trivial case of push and pull on the part of the petitioners. .

“… this court is of the view that having regard to the nature of the charges and in the absence of abuse or injury to the police officers and as the duty of the police officers was not deterred, section 95 (act causing slight injury) IPC can be applied to set aside the offense under section 353 (assault or criminal violence to deter officer from discharging his duty) IPC,” the court said.

The petitioners were charged with the offenses under Sections 283, 188 (disobedience of orders duly issued by public officer), 500 (defamation) and 353 of the IPC for waving black flags at the Chief Minister’s convoy in 2017.

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