'Ordinance amending Kerala Police Act being reconsidered': Vijayan Govt informs HC

On Tuesday, the Pinarayi Vijayan-led government informed the Kerala High Court that the ordinance amending the Kerala Police Act, 2011 is being reconsidered. A division bench of the HC comprising Chief Justice S Manikumar and Justice Shaji P Chaly was hearing petitions challenging the constitutional validity of Section 118A of the Kerala Police Act, 2011. RSP leaders NK Premachandran, Shibu Baby John and AA Azeez and Kerala BJP president K Surendran had moved the HC in this regard. 

After the ordinance generated considerable uproar from all quarters, Kerala CM Pinarayi Vijayan announced on Monday that the state government shall not implement the amendment pending a "special discussion" in the state Assembly pertaining to this. The Additional Advocate General also told the court that there will be no adverse action based on the amendment. He added that no FIRs shall be registered on the basis of Section 118A. The HC bench adjourned the hearing of the matter to Wednesday. 

Read: 'What Was Hurry To Pass Ordinance?': CPI's D Raja To Kerala Govt Amid U-turn On Police Law

Row over Section 118A

Section 118A of the Kerala Police Act, 2011, reads, "Whoever makes, expresses, publishes or disseminates through any kind of mode of communication, any matter or subject for threatening, abusing, humiliating or defaming a person or class of persons, knowing it to be false and that causes injury to the mind, reputation or property of such person or class of persons or any other person in whom they have interest shall on conviction, be punished with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees or with both."

Read: Kerala Govt Moves SC Seeking Stay On Centre's Move To Privatise Thiruvananthapuram Airport

Just like Section 66A, none of the expressions used in Section 118A are defined, giving rise to the apprehension that the Kerala Police might be empowered to arrest persons on the basis of vague allegations. Moreover, the punishment on conviction is almost the same and both are cognizable offences. This implies that the police do not require a warrant to arrest a person.

However, Section 118A goes a step ahead of Section 66A as it encompasses both defamation and injury to reputation. Additionally, the mode of communication for the commission of the offence is not restricted to a "computer resource or communication device", but extends to "any kind of mode of communication". The possibility of misuse also increases in the wake of the fact that the Kerala government's amendment includes a "class of persons" which might be construed to mean any group, organization, brand, or company. 

Read: As Kerala Govt Makes U-turn On Police Act Amendment, Here's How It Had Defended It Before