The Kerala High Court has ruled that waving or showing a black flag at a person does not constitute a defamatory or illegal act under Section 499 of the Indian Penal Code (IPC).
In its judgment on Wednesday, a single bench of Justice Bechu Kurian Thomas quashed a case against three individuals accused of waving a black flag at Chief Minister Pinarayi Vijayan’s convoy. The court observed that such conduct cannot be construed as defamatory or unlawful.
“Though signs and visible representations can be modes of defamation, showing or waving a black flag to a person cannot amount to defamation nor is it an illegal act. Even if a black flag was shown to the Chief Minister’s convoy, such conduct cannot by any stretch of the language of Section 499 IPC be perceived as defamatory,” Justice Thomas stated.
The judgment emphasized that a black flag, often a symbol of protest, should be interpreted based on its context. The court further noted that as long as no law prohibits the mere act of waving a flag, such behavior cannot be considered criminal.
The case stemmed from a 2017 incident in Paravur, Ernakulam district, where three individuals allegedly waved a black flag at the Chief Minister’s convoy, purportedly intending to defame him.
Police claimed the accused used criminal force to resist being restrained and subsequently charged them under sections of the IPC, including defamation and obstructing a public servant.
A charge sheet was filed at a magistrate court in Paravur in 2020. The accused later approached the High Court, challenging the charges, leading to the recent verdict in their favour.