Section 118A of Kerala Police Act: State tells Kerala High Court that Cabinet has recommended withdrawal of Ordinance

The Kerala government on Wednesday, informed the Kerala High Court that the State government is taking steps to withdraw the newly-introduced Section 118A of the Kerala Police Act. The provision, inserted through an ordinance, was subject to severe backlash for the vagueness of its terms, and the manner of its introduction. .Additional Advocate General K.K. Ravindranath apprised the Court of this today, when a Bench of Chief Justice S Manikumar and Justice Shaji P Chaly took up a batch of petitions challenging the Ordinance which introduced the contentious provision. .Producing a letter addressed to the Senior Government Pleader at the High Court, the Additional Advocate General submitted that the State had written to the Governor recommending the promulgation of an Ordinance to revoke the earlier amendment Ordinance..The Governor was well within his rights to withdraw the promulgated Ordinance earlier, as per Article 213(2)(b) of the Constitution, the Additional Advocate General argued. Article 213(2)(b) allows the Governor of a state to withdraw a promulgated Ordinance..Advocate Santhosh Mathew, Counsel for one batch of petitioners, asserted that the Ordinance could be revoked only after due compliance with Article 213 (2) which necessitated that:The Ordinance be placed for discussion before the Legislative Assembly and a resolution passed, and then,The Governor could withdraw the Ordinance.Advocate Mathew averred that these conditions operated cumulatively, and the Governor could not withdraw the Ordinance without placing it before the Legislative Assembly first..Stating that there was no need to record the submission at the juncture the matter was at, the Court proceeded to record the State's submission that it was recommending the withdrawal of the Ordinance..After emphasizing that no adverse action could be taken under the provision during the interim, the Bench proceeded to adjourn the matter by three weeks..Section 118A criminalises the communication of abusive, defamatory and intimidating speech. It says that any expression, publication or dissemination of threatening, 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.A person, if convicted for the offence, could be punished with imprisonment of upto 3 years or fine of Rs. 10,000 or both..Earlier today, the Kerala State Cabinet decided to write to the Governor of the State, Mohammad Arif Khan recommending the withdrawal of the contentious ordinance. .The Pinarayi Vijayan-led Left government decided to withdraw the provision after criticism mounted with the detractors and political opponents accusing the State government of attempting to curb free speech through the provision. .Following a widespread condemnation, Vijayan had announced, on Monday, that the ordinance will not be implemented for now and that it will be subject to detailed deliberation in the Kerala Legislative Assembly..A slew of petitions were also filed before the High Court by various political leaders and activists against the law. The petitioners challenged the ordinance as vaguely-worded, an unreasonable restriction on free speech and expression, and a resurrection of Section 66-A of the Information Technology Act, which had earlier been struck down by the Supreme Court in the landmark case of Shreya Singhal v. Union of India..Yesterday, the Kerala High Court had issued an interim order making it clear that no adverse action, suo motu case or FIR shall be registered invoking the controversial ordinance which introduced Section 118-A recently to the Kerala Police Act, 2011, until the State Government takes a decision on its implementation..The order passed yesterday came after the State assured the court that it was reconsidering the introduction of the new provision. The court had queried the State on whether it intended to keep the provision in abeyance. .[Breaking] No FIR or 'adverse action' to be taken invoking Section 118-A, Kerala Police Act until State takes a decision: Kerala High Court.Read the Order here: