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Kerala High Court closes challenge to Section 118-A of Kerala Police Act after provision's repeal.
A Bench of Justice S Manikumar and Justice Shaji P Chaly closed the petition challenging the controversial Section 118A of the Kerala Police Act, 2011. Writ petitions had been filed challenging the operation and implementation of the Kerala Police Ordinance, 2020. Petitioners here challenged the constitutional validity of Section 118A inserted in the Kerala Police Act, 2011 and seek a declaration that Section 118A of the Kerala Police Act, 2011 is unconstitutional since the same is antagonistic of Articles 14, 19(1) (a), and 21 of the Constitution of India. It was said that Section 118A had penalized any expression, publication or, abusive, defamatory, or humiliating content made through any mode of communication punishable if the person does it knowing it to be false and damaging to reputation or mind of another person. In this provision, the punishment was prescribed of up to 3 years or with a fine of Rs 10000 or both. This provision which was inserted by the government with the help of an ordinance it created a rage in the public because of which it was withdrawn in the second ordinance. The public was not at all happy with this ordinance, many people had described this ordinance as the same as Section 66A of the Information Technology act which was later said unconstitutional by the Supreme Court. When these cases were taken for consideration it was brought to the notice of this court that later the Government have issued Ordinance No.80 of 2020 withdrawing the Kerala Police Ordinance, 2020. In this case, earlier the bench had directed no adverse action could be taken by resorting to the provision when the petitions challenging it. After coming to the fact that now nothing is remaining in the matter the High court stated nothing further survives in these writ petitions for adjudication and then the Writ petitions were dismissed.
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