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Criminal Proceedings has been quashed by Kerala High Court against the man who was accused of sharing the few political posts on Facebook against the LDF candidates. The case was filed against Monish during the period from April 12, 2019, to Apri 16,2019 as he was accused that he shared few pictures on Facebook against LDF candidates with the intention of provoking rioting among a few sections of people in Kerala State. The final report which was filed against him was for offenses which are punishable under Section 153 of Indian Penal Code and Section 120(o) of the Kerala Police Act, 2011. Monish contended before the Kerala High Court that the pictures were not uploaded with the intention of provoking people at all, but they were intended only to be innocuous political satires he added. The counsel argued that even if we assume that the Facebook posts were false or offensive statements then to the only Penal provision for which he is punishable was Section 66 A of the Information Technology Act, 2000.
The Act was already struck down by the Supreme Court of India in the "Shreya Singal V. Union of India" case. It was also added by the counsel that "An Act made punishable by a Penal provision which was already struck down as unconstitutional, can not be again made a subject matter of Criminal Prosecution, relying on analogous penal provisions in different Statutes". Justice TV Anil Kumar observed that the argument can not be dismissed as unsound. The Judge said that according to him the posts made by Monish are not enough capable of provoking people or to create hatred among people of a different section of society. Hence the court said " The Facebook posts cannot be said to have been shared intending to provoke rioting in the society and an act punishable under Section 153 of IPC was committed. It is also incomprehensible as to how such Facebook posts could attract a commission of nuisance under Section 120(o) of the KP Act. Therefore, the impugned final report is only liable to be quashed'.
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