DAMODARA SHENOI Vs. PUBLIC PROSECUTOR ERNAKULAM

JUDGEMENT

(1.) Criminal Appeal No. 499 of 1988 is against the conviction and sentence entered against the accused in C.C. 1 of 1986 on the file of the IV Addl. Sessions Judge, Ernakulam and Crl. R.P. No. 854 of 1988 is against the conviction and sentence entered against the accused in C.C. 2 of 1986 of the same Court. The facts involved in these two cases are similar and therefore, they were heard together and a common judgement is being passed.

(2.) The case against these two accused persons is that they committed offence punishable under S.500, I.P.C. Accused in C.C. 1/86 filed O.P. No. 2467/86 and the accused in C. C. 2 of 1986 filed O.P. 2535/86 under Art. 226 of the Constitution of India and these petitions contained allegations which are per se defamatory to the then Home Minister Shri Vayalar Ravi and these petitions were filed with the mala fide intention to malign him and to lower his reputation in the eye of the public. The Court below accepted the complainant's case and convicted the accused in both cases.

(3.) A brief resume of the facts of the case is as follows. P.W. 1 Shri Vayalar Ravi was the Home Minister in the State cabinet during the period 1986. In the last week of January, 1986 five Kuwaiti citizens came to Kerala and they stayed at different places in Kerala from 29-1-1986 to 7-2-1986. These 5 persons were included in the "prior reference category" and their entry into India was banned by the Government of India and as per the procedure prescribed their entry into Kerala should have been informed to the Government of India. On 31-3-1986 the accused in C.C. 1186 filed O.P. 2467/86 alleging that the Home Minister Shri Vayalar Ravi permitted these Kuwaiti nationals to land at Trivandrum Air Port and they were treated as paying guests at the behest of the Home Minister. In the original petition it was alleged that the Home Minister knew about their arrival and he had given instruction to the police and other officials to allow these persons to enter the State and they were also allowed to stay, travel and attend public functions for several days with the knowledge and connivance of the Home Minister. The Home Minister was the first respondent in the original petition. The 2nd respondent was the State Government represented by the Chief Secretary and the 3rd respondent was the Union of India. Paragraphs 7, 10, 11 and 12 of the original petition contained these allegations. In O.P. 2535 of 1986 filed by the accused in C.C. 2/86 all these allegations were made. The public prosecutor, Ernakulam filed complaint under S.199(2) of the Cr. P.C. Exts. P4 and P3 are the sanction orders in C.C. 1/86 and 2 of 1986 respectively.