Lawstreet Journal

Kerela High Court: “Merely Inciting Feelings of One Community Without Any Reference to Any Other Community Cannot Attract Section 153A IPC” [Read Order]

Lawstreet Journal 28 Jul 2020 2:09am

Image courtesy: Lawstreet Journal Judiciary Kerela High Court: “Merely Inciting Feelings of One Community Without Any Reference to Any Other Community Cannot Attract Section 153A IPC” [Read Order]

The Kerala High Court stated in its judgment on July 22, 2020, that “merely inciting the feelings of one community without any reference to any other community cannot attract the provisions of section 153A of IPC.” 

Justice Ashok Menon stated the same while giving an anticipatory bail to a few of the individuals who were supposedly entangled in a conspiracy that ended in the demolishing of a film set established at Kalady riverside, which depicted a Church, within the premises of the Mahadeva Temple. 

The contention against Pradeep RS, the General Secretary of Antharashtra Hindu Parishad (A.H.P) involved a post published on the General Secretary’s Facebook page, following the incident claiming his part in the act of obliteration by the associates of the organization and justified it. In his petition with regards to a bail issuance, he contended that he is not guilty and was not even there when the set was demolished. He also argued that the Facebook post was not meant to provide any source of enmity within different groups on the basis of religion. No other religion was referenced in the post. 

The Public Prosecutor was against the bail petition arguing that the objective of the individual was “poisoning the minds of Hindus of the locality against the Christians stating that a Church or something resembling a Church has come up in the precincts of Mahadeva temple, which may probably be permanently snatched away by the members of the other religion.”

The court, while considering the maintainability of the bail petition… Continue Reading...


Tagged: kerala high court  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.