Kerala High Court Stays Case Against CM Pinarayi Vijayan For Allegedly Instigating Political Violence During Nava Kerala Sadas Tour

The Kerala High Court on Thursday (July 17) stayed criminal proceedings taken against Chief Minister Pinarayi Vijayan in alleged case of instigation of political violence during the Nava Kerala Sadas tour in 2023.When the matter was taken up for consideration, Justice V.G. Arun stayed the proceedings before the Chief Judicial Magistrate, Ernakulam taken against Mr. Vijayan for alleged case of abetment under Section 109 of the Indian Penal Code. The stay is granted for a period of 3 months.The Court observed: "There appears to be prima facie substance in the contention of the learned Senior Counsel that the Chief Judicial Magistrate exceeded his jurisdiction by entertaining the complaint, the alleged incidents having taken place outside the territorial limits of that court."Mr. Vijayan, had moved the Kerala High Court to quash the proceedings taken against him in an alleged case of abetment to certain crimes committed during the Nava Kerala Sadas tour.According to the petition, in November 2023, a group of Youth Congress workers ran onto the road and attempted to obstruct the tour bus in which the Chief Minister and his Cabinet colleagues were travelling. The next day, Mr. Vijayan addressed this incident at a Nava Kerala Sadas event in Kannur and appreciated the DYFI workers and others who pushed aside the protestors to prevent a collision of the moving vehicle, it is stated.In the petition, it is stated that the complainant (second respondent) lodged a complaint before the Station House Officer, Central Police Station, Ernakulam, against Mr. Vijayan for this public address, but no FIR was registered.The petition also stated that three FIRs were registered following alleged cases of political violence that occurred in Malappuram, Ernakulam and Alappuzha districts during the Nava Kerala Sadas tour. However, none of these FIRs contains allegations to suggest that the Chief Minister's speech instigated the accused persons to commit the alleged acts, it is stated.Five months after the complainant lodged his complaint, he approached the Chief Judicial Magistrate, Ernakulam (CJM), alleging that no FIR was registered on his complaint, it is stated. Thereupon, the CJM took the complaint on file as CMP No. 4322 of 2024 and referred it to the SHO, Central Police Station, Ernakulam for inquiry.In the petition, it is stated that the police submitted a report stating that there was no evidence to suggest that the political violence was instigated by the Chief Minister's speech and that neither the complainant or the witnesses had any direct knowledge regarding the offences.According to the petition, on July 3, 2025, the learned CJM passed an order observing that cognisance in the case cannot be taken unless a sanction under Section 197 of the Code of Criminal Procedure is obtained from the Governor of Kerala. Thereafter, the complaint was adjourned to 01.11.2025.The present Criminal Miscellaneous Case was filed stating the order of the CJM is illegal and unsustainable and with a prayer to quash the order.According to the petition, the order passed was without jurisdiction and without application of judicial mind. It is also stated that no offence can be made out going by the allegation made in the complaint and that there was no mens rea/criminal intent.Case Title: Pinarayi Vijayan v. State of Kerala and anotherCase No: Crl.M.C. No. 6284/2025The petition is moved by Advocate Gilbert George Correya.Click to read/download order

Kerala High Court Stays Case Against CM Pinarayi Vijayan For Allegedly Instigating Political Violence During Nava Kerala Sadas Tour

K. Salma Jennath

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