The Kerala High Court on Thursday quashed a case registered against Goa Governor P.S. Sreedharan Pillai regarding a controversial speech that he made about entry of women of all ages to the Sabarimala Ayyappa temple.
Observing that the speech was made at a meeting of Bharatiya Janata Yuva Morcha (BJYM) representatives, and not at any public gathering, the court said this did not constitute an offence under Section 505(1)(b) (an offence to cause fear of alarm to public, affecting public tranquility) of the Indian Penal Code.
The speech had not induced anyone to commit a crime against the State or in a way affecting public tranquility Moreover, as a Governor and under Art 361(2) of the Constitution he was entitled to immunity, since criminal proceedings could not be initiated against any Governor or the President in any court during their term of office.
The court also termed his critical comments on a Supreme Court order that permitted entry of women of all ages into the Sabarimala temple as a fair and reasonable criticism of a judgment and these would not constitute contempt of court. An FIR had been registered against Mr Pillai, who was then State president of BJP, in connection with the comments he made in 2018.
The prosecution contended that his statements were alarming and could even induce people to commit an offence against the State or against public tranquility.
The court observed that simply because Mr Pillai’s speech at the BJYM meeting was reported in the media did not make him liable under S.505 (1)(b), since it was made within a conference hall before the activists.
Published – November 21, 2024 09:35 pm IST