Kerala HC Stays Criminal Case Against Woman Booked for Criticizing CM’s Relief Fund

The Kerala High Court has stayed the criminal proceedings against Shobha, a former Panchayat President and the current General Secretary of the Kerala Pradesh Karshaka Congress, over a Facebook post criticizing the Chief Minister’s Distress Relief Fund. The fund was collected for the victims of the Wayanad landslides.

The case stems from a Facebook post by Shobha, where she shared a picture of Kerala Chief Minister Pinarayi Vijayan’s grandson donating to the relief fund. She captioned the post in Malayalam, which roughly translates to “wise leader, we will plant 10 and reap 100.”

This prompted a complaint by Binu Karunakara, a member of the ruling CPI(M) party, who alleged that the post was critical of the disaster relief efforts.

As a result, Shobha was charged under multiple sections of the Bharathiya Nyaya Sanhita, 2023 (BNS), as well as the Disaster Management Act, 2005, and the Kerala Police Act, 2011.

The charges included wantonly giving provocation with intent to cause a riot, intentional insult with intent to provoke a breach of peace, and abetment.

Shobha subsequently filed a plea in the Kerala High Court to quash the case, arguing that the charges were politically motivated, intended to harass her, tarnish her reputation, and prevent her from contesting in the upcoming elections. She claimed that her post was simply an expression of opinion and did not violate any laws or disturb public peace.

Justice Bechu Kurian Thomas ordered an interim stay on the proceedings against Shobha and issued a notice to the State.

The matter is scheduled for hearing on September 25, 2024.

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