K.DIVYA Vs. STATE

JUDGEMENT

(1.) The petitioner herein, who is a documentary film maker, had directed the documentary film titled 'Orutharum Varela' touching upon the plight of the people affected by the Ockhi cyclone that hit the shores of TamilNadu and Kerala in December, 2017, which caused loss to many fishermen's lives.

(2.) The Learned counsel for the petitioner would submit that the ingredients of Section 153-A and 505 (1)(b) IPC are not attracted, since there was no mens rea on the part of the petitioner, which is a vital ingredient to constitute these two offences. He would further submit that the documentary film does not depict any insult to the Indian National Flag and therefore, the offence under the said Act is not made out in respect of the said contention. Learned counsel relied upon a few decisions, which I shall deal with later.

(3.) The learned Additional Public Prosecutor on the other hand relied on the averments made in the counter affidavit and submitted that the documentary film spreads mischievous rumour against the Government and since the entire film causes fear and unrest among fishermen community and also promotes disharmony between their community and other residents in neighbourhood, the offences are clearly made out. It is also his submission that the film depicts the Indian National Flag in a mutilated condition, which brings disrespect to the Indian National Flag and therefore, the offences under the said Act is also made out. Since the investigation is still pending, it would be pre-matured to have the FIR quashed under Section 482 Cr.P.C.