Provocative Speech Case: Kerala High Court Stays Proceedings Against KPCC President And MP K. Sudhakaran

Update: 2023-06-11 09:30 GMT

The Kerala High Court has stayed criminal proceedings against the President of KPCC (Kerala Pradesh Congress Committee) and Member of Parliament K. Sudhakaran in a matter relating to the provocative speech.

A Single Bench of Justice Bechu Kurian Thomas directed, “In view of the contentions raised, I am prima facie satisfied that the allegations made in the FIR do not make out an offence under Section 153 of the Indian Penal Code, 1860. … there will be a stay of all further proceedings in Crime No.902 of 2023 of the Ernakulam Central Police Station, for a period of three months.”

The Bench has stayed the case for a period of three months.

Advocates V.S. Chandrasekharan and Dilu Joseph appeared on behalf of the petitioner while Public Prosecutor appeared for the respondents.

In this matter, a case was registered against the petitioner for allegedly making a provocative speech during a UDF protest outside the Corporation office in March month of this year. He was booked under Section 153 of the Indian Penal Code based on a complaint filed by a corporation councillor of the CPI(M) party.

As per the said complaint, the petitioner made the provocative speech against the CPI(M)-led council's alleged failure in dousing the recent Brahmapuram waste plant fire. The High Court in this regard observed –

“Admit. The learned Public Prosecutor takes notice for respondents 1 to 5. issue notice by speed post to the 6th respondent.”

Accordingly, the Court stayed the proceedings.

Cause Title- K. Sudhakaran v. State of Kerala & Ors.

Click here to read/download the Order

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