GOWRI SANKARI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused Nos.1 and 2 in Crime No.434 of 2024 registered at the Bekal Police Station, now pending as C.C.No.2519 of 2024 on the files of the Judicial First Class Magistrate Court-II, Hosdurg. Therein, the petitioners are facing prosecution for the offences under Ss. 192 and 45 of the Bharatiya Nyaya Sanhitha, 2023 ('BNS' for short), Sec. 51 of the Disaster Management Act, 2005 and Sec. 120(o) of the Kerala Police Act, 2011.

(2.) The prosecution allegation is that the petitioners posted negative comments in a WhatsApp group about the solicitation of contribution to the Kerala Chief Minister's Distress Relief Fund (CMDRF), towards rehabilitation of the Chooralmala- Mundakkai landslide victims. According to the prosecution, the derogatory comments posted by the petitioners are capable of creating riot and were intended to dissuade the public from contributing to the CMDRF.

(3.) Learned counsel for the petitioners submitted that the petitioners had only asked the members of their group to verify the credentials of the persons seeking contribution and to donate only to those who are trustworthy. According to the counsel, such a comment, posted in a closed WhatsApp group, cannot result in criminal prosecution.