Kerala HC Refuses To Quash Criminal Case Against A Man Who Displayed Placard Against Distribution Of Compensation To The Endosulfan Victims [Read Order]

The Kerala High Court on Tuesday refused to quash criminal proceedings against a retired worker of the Plantation Corporation of Kerala Ltd. who asserted that there is no menace related to the use of Endosulfan in Kasargode district. The writings on the Placard stated that:- Endosulfan issue, There are no such health issues in Kasargod district Stop the plundering of the state treasury in the name of endosulfan Publish the report of Kasargod vigilance department Find out the truth by conducting an impartial investigation Satyameva Jayathe The Petitioner contended that by erecting the placard with the writings referred above, the petitioner/accused only wanted to show his protest in distributing the compensation to non-deserving persons which would affect the public exchequer and the act of the accused is a right guaranteed under the Constitution of India and hence the accused is entitled to protection under Article 19 of the Constitution of India. Further, examining Section 2 of the Kerala Prevention of Disturbances of Public Meetings Act, 1961, the Court said that if anybody acts in a disorderly manner at a public meeting for the purpose of preventing the transaction of the business for which the meeting was called, the offence under Section 2 would be attracted. So, the Court opined, when the petitioner displays a placard containing the writings quoted above in a meeting held for distribution of compensation to the victims of endosulfan and that too at the time when the Chief Minister is making a speech in connection with the function, there won't be any doubt that the act of the petitioner/accused would cause confusion or disturbances of the normal working of mind of the victims who were assembled there prima facie. Lastly, the Court also stated, "Section 153 IPC and Section 2 of Kerala Prevention of Disturbances of Public Meetings Act, 1961 expressly prohibit certain acts in a public meeting by any citizen.