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

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