Kerala High Court stays case against CM Pinarayi Vijayan over his Nava Kerala Sadas speech

The Kerala High Court on Thursday stayed the proceedings in the criminal case initiated against Chief Minister (CM) Pinarayi Vijayan (petitioner) over his Nava Kerala Sadas speech of 2023 which had allegedly provoked political violence.

Justice VG Arun granted interim stay for three months while hearing the CM's plea challenging the Ernakulam Chief Judicial Magistrate's order taking cognisance and directing sanction proceedings.

The Magistrate had taken cognisance on a complaint filed by Congress leader Muhammed Shiyas, alleging that CM Vijayan's November 2023 remarks, made after black flag protests in Kannur, had led to attacks on Youth Congress members across Kerala.

The case stemmed from an incident on November 20, 2023 when members of the Youth Congress attempted to obstruct the CM's convoy during the state-wide Nava Kerala Sadas tour.

According to CM's plea before the High Court, the speech in question which was delivered a day after the said incident, only praised the bystanders who had prevented protestors from falling in front the moving bus.

The speech had only described their conduct as “life-saving” and had not called for any retaliation or violence, as per the petition.

Subsequently, three stray incidents of political violence occurred in different districts and the police registered FIRs against unnamed persons in each of these incidents.

These FIRs did not name or implicate the CM.

Nevertheless, the complainant, a political functionary, filed a private complaint before the CJM at Ernakulam alleging that the petitioner’s speech amounted to abetment of these incidents.

As per the plea,

"Though the Police submitted a report under Section 202 CrPC finding no material against the petitioner, the Ld. Magistrate rejected the negative report and opined that the petitioner’s speech prima facie amounts to instigation of criminal offences."

This order of the Magistrate is grossly erroneous and liable to be set aside, it has been contended.

The Chief Minister was represented by Gilbert George Correya.

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