Trend To Send Threatening Messages Against Constitutional Authorities On Social Media: Kerala High Court Dismisses Plea Of Man Accused Of Sending Death Threat To CM
The Kerala High Court dismissed a Petition by the accused, who allegedly sent a message stating, "I will kill Pinarayi Vijayan".
The Kerala High Court observed that nowadays, it is a trend to send threatening messages against constitutional authorities, including the Prime Minister, Chief Ministers, and Judges, on social media and other forums to garner publicity.
The Court dismissed a Criminal Revision Petition challenging the decision of the Trial Court, which dismissed an application under Section 258 of the CrPC filed by the accused, who allegedly sent a message to the Additional Private Secretary to the Chief Minister, Pinarayi Vijayan, stating, "I will kill Pinarayi Vijayan". This occurred on the day the election result of the Kerala State Legislative Assembly was declared, where the Left Democratic Front, led by the then Chief Minister, obtained about 99 seats to form a new government.
A Single Bench of Justice PV Kunhikrishnan remarked, “Nowadays, it is a trend to send threatening messages and use derogatory statements against constitutional authorities, including the Prime Minister, Chief Ministers, Judges, etc., in social media and other forums to get publicity. The police force will be forced to spend their valuable time to find out whether it is for publicity or with a specific motive. After making such statements, the accused will approach the court of law with a petition stating that no offence is made out or raising technical grounds to escape from the prosecution. The question to be decided in this case is whether, in such cases, the accused should face trial or the court should exercise its discretionary jurisdiction to prematurely terminate such cases.”
Advocate KK Dheerendrakrishnan appeared for the Petitioner, while Senior Public Prosecutor Seetha S represented the Respondents.
Brief Facts
The Additional Private Secretary informed the Director General of Police, who then directed immediate legal action, leading to the registration of the crime under Sections 153 and 506(i) of the IPC and Section 120(o) of the Kerala Police Act, 2011 (KP Act).
Court’s Reasoning
The High Court remarked, “Admittedly, the petitioner is working as an employee of a bank, and he is not an illiterate person. In such circumstances, the petitioner should know the consequences of sending such a message, which is a threat to the life of a constitutional authority. Even if it is sent as a joke or because of the sad mood developed in a spur-of-the-moment, after the election results were published, the petitioner is expected to be aware of the consequences of the same, especially when he is not an illiterate person.”
“The police machinery has to investigate the matter, identify the mobile phone from which the SMS was sent, and determine its location at the relevant time. The bona fides of such messages are to be investigated. Then the police have to arrest the person, if necessary. Unnecessarily, the valuable time of the police force will be spoiled by such acts. Therefore, it is the duty of the police and the court to give a message to society about the consequences of such acts. Moreover, here the message alleged to be sent by the petitioner is serious, and the Additional Private Secretary of the Chief Minister cannot keep mum,” the Bench stated.
The Court held, “Similarly, the police authority cannot neglect such messages. The message is to the effect that he will kill the Chief Minister. Therefore, he unnecessarily troubled not only the Additional Private Secretary of the Chief Minister but also the entire police force of the State. Therefore, I am of the considered opinion that such a person is not entitled to any discretionary relief from a court of law. He has to face trial before the court in accordance with the law. Therefore, the learned Magistrate rightly rejected the petition filed by the petitioner under Section 258 Cr.P.C.”
The Bench further remarked, “The social media comments are a menace to society now. Not only the citizens, but the constitutional authorities are also maligned and defamed with derogatory statements. Even threat messages are sent unnecessarily to the office of the constitutional authorities to create panic among the police authorities. When such allegations are there, this Court cannot ignore the same and shut its eyes and say that no offence is made out prima facie.”
Consequently, the Court ordered, “allowed.”
Accordingly, the High Court dismissed the Petition.
Cause Title: Abjijith M v. State of Kerala (Neutral Citation: 2025:KER:36693)
Appearance:
Petitioner: Advocates K.K. Dheerendrakrishnan, M. Promodh Kumar and N.P.Asha
Respondents: Senior Public Prosecutor Seetha S
