Organisers of political rally also responsible if provocative slogans raised by participants: Kerala High Court

The Kerala High Court on Friday said that organisers of political rallies are also responsible for the provocative slogans raised by any of the participants during such rallies [R Ramaraja Varma v State of Kerala].Justice PV Kunhikrishnan opined that it is the duty of the organisers to control the behaviors of the participants."If a member of a rally raises provocative slogans, the persons who organize the rally is also responsible. If a rally is conducted, it is the duty of the leaders to control the members of the rally," the Court said in its judgment..If a member of a rally raises provocative slogans, the persons who organize the rally is also responsible.Kerala High Court.The observations were made while hearing a case regarding a rally conducted by the Popular Front of India on May 21 in which a minor boy was seen raising provocative slogans.A video of the boy raising such slogans while perched on the shoulders of an adult man in the rally had gone viral on social media. .The Court said that it is of the prima facie opinion that the organisers of said rallies were responsible and that if the police's investigation also finds that there was some connivance between the organisers and the persons who raised provocative slogans, the police must take necessary action. "Whether the members of the rally raised the slogan with the knowledge of the leaders or whether there is any connivance between the leaders who organized the rally with the persons who raised provocative slogans is a matter to be investigated by the police. Prima facie, they are responsible. So they should be implicated as accused in the case and the police should investigate the matter. But I make it clear that, the police should investigate the matter untrammeled by any observation in this judgment. The Police officers will do the needful in accordance to law against all persons who violated the law of the land.With the above observation, this writ petition is closed," the Court said. .The Court was considering a petition moved a day before the rallies were scheduled, seeking the prohibition on public conferences, marches, mass drills, and motorcycle rallies in the 'Jana Maha Sammelanam' conducted by the PFI in Alappuzha on Saturday, May 21. The petitioner alleged that the district of Alappuzha had faced violent clashes in the last few months, citing several political murders by cadres belonging to rival political organisations. The brutal attacks also witnessed subsequent inflammatory speeches, which led to the registration of crimes in different police stations in the district, the plea said.On May 20, the Court admitted the plea and directed the district police chief to ensure that law and order is ensured at the rally..Today, the Government Pleader placed on record a report submitted by the Deputy Superintendent of Police, Alappuzha.The report sated that two crimes were registered by the Alappuzha Police against the Bajrang Dal and the PFI. Both cases will be investigated by the investigating officer concerned and a report will be submitted before the competent court as early as possible. It was also brought to the notice of the Court that a crime has been registered in connection with the provocative slogans raised by participants of the PFI rally.With the observations regarding the responsibility that can be attributed to the organisers of such rallies, the Court closed the petition. .Recently, another judge of the Court, Justice Gopinath P had flagged the worrying phenomenon of children being made to be part of political rallies and raise provocative slogans."Are they not fostering a new generation that grows up with this religious hatred in mind? I was just wondering about the fact that when this child grows and he becomes a major, his mind will already be conditioned to this kind of rhetoric. Something must be done," the judge had remarked.Justice Gopinath had also opined that children must be prohibited from taking part in such rallies..[Read Judgment]