Kerala HC stays proceedings against CM Vijayan over 'Nava Kerala Sadas' violence

Kochi: The Kerala High Court on Thursday stayed the proceedings initiated in a complaint seeking prosecution of Chief Minister Pinarayi Vijayan in connection with the violence that occurred during the state government's outreach programme -- 'Nava Kerala Sadas' -- in 2023.

Justice V G Arun stayed the proceedings for three months on a plea moved by Vijayan seeking quashing of the complaint and a July 3 order of a magisterial court in the matter.

The court of Ernakulam Chief Judicial Magistrate had on July 3 observed that a prima facie case did exist, but sanction for prosecution was required from the Governor to register a case against the CM.

The observation came on the complaint by Ernakulam District Congress Committee (DCC) president Muhammed Shiyas seeking registration of a case against Vijayan in connection with the various instances of violence during the state government's outreach programme in 2023.

The magisterial court was scheduled to take up the matter next on November 1.

In his plea seeking quashing of the complaint and the July 3 order, Vijayan has said that the matter relates to a speech made by him on November 20, 2023 during the outreach programme with regard to Youth Congress activists allegedly obstructing his convoy.

In his plea, the CM said that he only praised the bystanders who prevented the protestors from falling in front of the moving bus in which he was travelling and described their conduct as "life saving".

"The petitioner (CM) did not endorse violence or call for retaliation," the petition has said.

Subsequently, three "stray incidents of political violence" occurred in different districts between November 30, 2023 and December 16, 2023 and the police registered FIRs against unnamed persons in those cases, the petition said.

The FIRs did not name or implicate the CM, but the complainant filed a private complaint before the magisterial court alleging that Vijayan's speech amounted to abetment of those incidents, it said.

"Though the police submitted a report stating that no material was found against the petitioner (CM), the magistrate rejected the negative report and opined that the petitioner's speech prima facie amounts to instigation of criminal offences," it further said.

The CM, in his plea, has claimed that the magisterial court's order was "grossly erroneous and liable to be set aside" as it did not have the jurisdiction to deal with the matter and there was no factual or evidentiary material linking the petitioner's speech with the incidents of violence.

The petition also claimed that the magistrate "failed to apply his judicial mind, ignored material inconsistencies and conducted no preliminary enquiry into the FIRs or surrounding facts".

Kerala Students Union and Youth Congress workers were allegedly assaulted by activists of the CPI(M)'s Democratic Youth Federation of India and the security personnel of the CM at various places across the state for showing black flags to Vijayan during the outreach programme.