Kerala HC provides relief to CM Vijayan in 2023 speech instigation case

Kochi: The Kerala High Court on Thursday provided relief to Chief Minister Pinarayi Vijayan by staying proceedings in the criminal case initiated against him for his 2023 ‘Nava Kerala Sadas’ speech, which had allegedly provoked political violence.

Justice V.G. Arun granted an interim stay for three months while hearing the CM’s plea challenging the Ernakulam Chief Judicial Magistrate’s order taking cognisance and directing sanction proceedings.

The Magistrate had taken cognisance of a complaint filed by Congress leader Muhammed Shiyas, alleging that CM Vijayan’s November 2023 remarks, made after black flag protests in Kannur, had led to attacks on Youth Congress members across Kerala.

The case stemmed from an incident on November 20, 2023, when members of the Youth Congress attempted to obstruct the CM’s convoy during the statewide Nava Kerala Sadas tour.

According to CM’s plea before the High Court, the speech in question, which was delivered a day after the said incident, only praised the bystanders who had prevented protestors from falling in front of the moving bus.

The speech had only described their conduct as “life-saving” and had not called for any retaliation or violence, as per the petition.

CM Vijayan has sought to quash the proceedings taken against him in the alleged case of abetment to certain crimes committed during the Nava Kerala Sadas tour.

According to the petition, it stated that, “though the police submitted a report under Section 202 CrPC finding no material against the petitioner, the Magistrate rejected the negative report and opined that the petitioner’s speech prima facie amounts to instigation of criminal offences.”

The statewide yatra had attracted huge media attention when the opposition workers were up in arms, and the police later registered three FIRs against unnamed persons in each of these incidents.

Incidentally, the highlight of the statewide yatra was that CM Vijayan, along with his entire cabinet and the chief secretary, travelled on a state-of-the-art new luxury bus across the state.

With this stay order, the CM camp has heaved a sigh of relief.

–IANS