The Kerala High Court on Wednesday directed the police not to take coercive steps till December 14 against Union Minister of State for Electronics and Information Technology Rajeev Chandrasekhar in the two cases registered against him.
The minister had allegedly made provocative remarks and causing religious disharmony in the state after the blasts at a prayer convention of Jehovah’s Witnesses at Kalamassery in Kochi last month.
A single bench of Justice CS Dias issued the interim order directing the police that no coercive steps shall be taken against the Minister till December 14,when the petitions filed by the Union Minister seeking to quash two FIR’s registered against him came up for hearing.
Appearing for Rajeev Chandrasekhar, Senior Supreme Court Advocate Mahesh Jethmalani argued that the minister had not spoken any word or statement to promote hatred or religious disharmony in the state, nor had he committed any illegal acts to cause rioting.
Mahesh Jethmalani submitted that no statement or imputations had been made by him against any community. He had only pointed out the irresponsible actions of the Kerala government and the appeasement politics at play in the state. The FIRs registered against him were a glaring example of malicious prosecution initiated by the state government with ulterior motives, Jethmalani argued. He submitted that the first information report (FIR) is a result of collusion between political adversaries. He also raised concerns about discrepancies in the notice and alleged harassment.
Two separate pleas were moved by the minister before the court for quashing of two FIRs registered against him where he was made the sole accused on the grounds alleging commission of offences under Sections 153 (giving provocation with intent to cause riot), 153A (promoting enmity between different groups on grounds of religion) of IPC read with Section 120 (o) (penalty for causing nuisance and violation of public order) of the Kerala Police
The FIRs were registered by the Ernakulam Central police under Sections 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence) of the IPC and Section 120 (o) (causing nuisance and violation of public order) of the Kerala Police Act against the Minister following his posting of his remarks on social media on the Kochi blasts and a Hamas leader’s virtual address at an event organised in the Malappuram district.
The cases were registered based on complaints filed by Sarin, convener, Digital Media Cell, Kerala Pradesh Congress Committee, and by Pramod YT, sub-inspector of Police, Cyber Cell, Kochi city.