Kerala High Court Clarifies that No FIR or 'adverse action' is to be taken invoking Section 118-A, Kerala Police Act until State takes a decision

24 nov 2020

Kerala High Court Clarifies that No FIR or 'adverse action' is to be taken invoking Section 118-A, Kerala Police Act until State takes a decision

A Bench of Chief Justice S Manikumar and Justice Shaji P Chaly of the Kerala High Court passed an order stating that the Ordinance introducing Section 118-A to the Kerala Police Act, 2011 will have no power and no action invoking it will take place unless the Government decides to implement it.
The amendment which criminalizes the communication of abusive, defamatory, and intimidating speech has been in controversy recently as it will allegedly restrict free speech.
The Court passed the order after noting that unless the writer of the Ordinancewithdraws it under Article 213, it will remain in effect.
The Court will hear the matter tomorrow, considering that the State has asked for time to file an official communication as the Government is examining the Ordinance in detail.