Kerala HC says no FIR based on section 118A of Kerala Police Act until govt takes decision

The controversial ordinance to amend the Kerala Police Act received backlash from various quarters as many fear that the law could be used to curb freedom of speech
For representational purpose only
For representational purpose only

Until the state government decides on the implementation of section 118A of the Kerala Police Act, the Kerala High Court has said that no 'adverse action', suo motu case or FIR must be initiated invoking the controversial ordinance.

The HC made this point while passing an interim order on the controversial ordinance on Tuesday. The BJP and UDF had moved the Kerala HC, challenging Section 118A of the KPA. These petitions were taken up by a bench constituting Chief Justice S Manikumar and Justice Shaji P Chaly.

When the Chief Justice asked whether the state government has made up its mind on keeping the ordinance in suspension, Additional Advocate General Ravindranath KK told the court that the state government is reconsidering the matter and has sought additional time to file a formal statement on this matter.

A lawyer representing the petitioner pointed out that the ordinance put in suspension isn't enough, and until the author of the ordinance withdraws it under Article 213 of the constitution, the ordinance will stay in effect. When the lawyer raised this point, the HC passed an order that no action should be taken invoking section 118A of the KPA until the government decides. Once the government files a formal statement, the matter will be taken up for further consideration.

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