KOCHI: The Kerala High Court has stated that showing or waving a black flag at a person cannot be perceived as a defamatory or illegal act to attract an offence under Section 499 of the IPC. Even if a black flag was waved at the chief minister’s convoy, such conduct cannot by any stretch of the language of Section 499 IPC be perceived as defamatory.
While quashing cases registered against three persons-- Simil, Phijo, and Sumesh Dayanandan, of Ernakulam- for waving a black flag, Justice Bechu Kurian Thomas said that a black flag can depict different things depending on the context. Waving a flag can be a sign of support or a sign of protest. It is a matter of perception.
Generally, a black flag is waved as a mark of protest. If a flag of a particular colour is shown, whatever the reason, including as a mark of protest, as long as there is no law which prohibits the waving of a flag simpliciter, such conduct cannot be punished with the offence of defamation.
The court made the observation while quashing a case against petitioners who were accused of waving black flags at the convoy of the chief minister on April 9, 2017.
The court further pointed out that the final report indicates that while the accused were protesting, the police prevented them from obstructing the chief minister’s convoy, and in that process, the accused allegedly pushed the police and pulled their uniform. The court said that minimal push and pull is only natural while preventing a person from causing obstructions. The allegations do not indicate any obstruction caused in the discharge of the police duty, held the court.