2025:KER:23662 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946 CRL.MC NO. 879 OF 2021 CRIME NO.523/2019 OF Manjeri Police Station, Malappuram PETITIONER/ACCUSED: ABDUL VAHID, AGED 24 YEARS S/O. MOHAMMED SHEREEF, KUNDOOKARA HOUSE, PAPPINIPPARA P. O., MANJERI - 676 122. BY ADV SUNNY MATHEW RESPONDENTS/COMPLAINANTS: 1 THE STATION HOUSE OFFICER, MANJERRI POLICE STATION, MALAPPURAM - 676 121. 2 THE INSPECTOR OF POLICE, HI-TECH CRIME ENQUIRY CELL, POLICE HEADQUARTERS, THIRUVANANTHAPURAM - 695 010. 3 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 19.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:23662 Crl.M.C.No.879 of 2021 2 ORDER Dated this the 19th day of March, 2025 Petitioner is the sole accused in Crime No.523 of 2019 registered at the Manjeri Police Station for offences punishable under Section 153A of IPC and Section 120(o) of the Kerala Police Act, 2011. 2. The crime was registered pursuant to Annexure A2 letter dated 09.11.2019 received from the police Headquarters, routed through the 2nd respondent. The allegation against the petitioner is that, with the intention of promoting enmity between different religious groups, he made derogatory comments in his Facebook page about the judgment in the Ayodhya case. 3. Learned Counsel for the petitioner contends that the alleged derogatory posts, produced as 2025:KER:23662 Crl.M.C.No.879 of 2021 3 Annexures A3 to A5, are only expressions of petitioner’s opinion and were not intended to create religious disharmony. It is the further contention of the learned Counsel that for Section 120(o) of the Kerala Police Act to be attracted, a person should, by his repeated acts of making comments, anonymous calls, writings etc. make a nuisance of himself. According to the Counsel, insofar as the comments are posted in the petitioner’s own page, no nuisance is created to any person. 4. The learned Public Prosecutor contends that the Facebook posts are capable of upsetting public order and would therefore attract section 120(o) of the Kerala Police Act. 5. The crime is registered based on the three comments in vernacular posted in the petitioner's 2025:KER:23662 Crl.M.C.No.879 of 2021 4 Facebook page. A rough translation of those comments are as under; 1. ‘Instead of 21/2 Acres did you not get 5 Acres.’ 2. ‘Let us not forget Babri Masjid’. 3. “It is a consolation that we got 5 Acres instead 21/2 Acres. Some one please tell them that we had not fought this case for so long for want of space to construct a mosque. What we wanted was justice and our rights”. 6. As rightly contended by the counsel for the petitioner, the comments are nothing but an expression of the petitioner’s opinion. Even if the comments are skeptical and contains veiled criticism of the Supreme Court judgment in the Ayodhya case, that does not justify prosecution for the offence under Section 153A of IPC. Merely because the comments are not palatable to some persons, the police cannot proceed on the basis that they are capable of creating communal 2025:KER:23662 Crl.M.C.No.879 of 2021 5 disharmony. Any such action would be against the fundamental right guaranteed under Article 19(1)(a) of the Constitution of India. The intolerance or disgruntlement of a section of people cannot result in the curtailment of a citizen’s right to voice his opinion. While attempt to create communal disharmony is to be dealt with strictly, it should not be used as a tool to quell criticism of the Government or even of judgments. While on the subject, it is essential to point out that the fifth exception to Section 499 of IPC exempts the expression of opinion on the merits of any case, which has been decided by a Court of Justice, from the purview of defamation. 7. For Section 120(o) of the Kerala Police Act to be attracted, the accused must have made a nuisance of himself by repeatedly making anonymous calls, 2025:KER:23662 Crl.M.C.No.879 of 2021 6 sending letters, messages, emails etc. to another person. Mere posting of opinion in one's own Facebook page, without any derogatory or inciteful content, will not attract Section 120(o) of the Kerala Police Act. For the aforementioned reasons, the Crl.M.C is allowed. Annexure A1 FIR and all further proceedings in Crime No.523 of 2019 registered at the Manjeri Police Station is quashed. Sd/- V.G.ARUN JUDGE SSK/19/03 2025:KER:23662 Crl.M.C.No.879 of 2021 7 APPENDIX OF CRL.MC 879/2021 PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.523/2019, REGISTERED BY THE STATION HOUSE OFFICER, MANJERRI POLICE STATION. ANNEXURE A2 A TRUE COPY OF THE LETTER DATED 09.11.2019 ISSUED BY THE INSPECTOR OF POLICE, HI -TECH CRIME ENQUIRY CELL, POLICE HEADQUARTERS, THIRUVANANTHAPURAM, AS DIRECTED BY THE ADDITIONAL DIRECTOR GENERAL OF POLICE (HQ), THIRUVANANTHAPURAM TO THE SUPERINTENDENT OF POLICE, MALAPPURAM. ANNEXURE A3 A TRUE COPY OF ONE OF THE FACE BOOK POST MADE BY THE PETITIONER. ANNEXURE A4 A TRUE COPY OF THE ANOTHER FACE BOOK POST MADE BY THE PETITIONER. ANNEXURE A5 A TRUE COPY OF YET ANOTHER FACE BOOK POST MADE BY THE PETITIONER. RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE