Thu Nov 21 18:46:22 UTC 2024: ## Kerala High Court Rules Waving Black Flags at CM’s Convoy Not Illegal
**Kochi, November 22, 2024** – In a significant ruling that deals a blow to the Kerala Left Democratic Front government, the Kerala High Court has declared that displaying black flags at the Chief Minister’s convoy is not an illegal act and does not constitute defamation.
The decision, delivered by Justice Bechu Kurian Thomas, comes in response to cases filed against Youth Congress activists who protested against Chief Minister Pinarayi Vijayan during the Nava Kerala Sadas program last year. The court quashed charges against three individuals who waved black flags at Mr. Vijayan’s convoy in 2017 near North Paravur.
Justice Thomas stated that while visual representations can be defamatory, simply waving a black flag, a common form of protest, is not illegal in the absence of a law prohibiting it. The court further criticized the initial police report, noting it lacked legal validity as defamation charges must be filed via a private complaint, not a police report.
The court also dismissed charges related to obstructing the convoy, citing the police’s immediate intervention to prevent any disruption. Minor physical altercations between protesters and police during the intervention were deemed insignificant, with the court applying a lesser charge of causing slight harm, rather than the more serious charge of assaulting a public servant.
The petitioners had initially faced charges under sections 283, 188, 500, and 353 of the Indian Penal Code. The High Court’s ruling sets a precedent, clarifying the legal limits of protest and potentially impacting future cases involving similar demonstrations.
First Piper 