Kerala High Court: Waving Black Flags Not Defamation

The Kerala High Court ruled that waving black flags is not illegal or defamatory, quashing charges against activists facing police action for protesting against CM Pinarayi Vijayan. The court emphasized that such acts signify protest and lack legal grounds for defamation unless supported by a private complaint.

In a significant ruling, the Kerala High Court has declared that waving black flags at the Chief Minister's convoy is neither an illegal act nor does it constitute defamation. This decision comes as a blow to the Left government in Kerala, amidst police actions against protesting Youth Congress activists.

The case involved three individuals who had been charged with defamation and other offenses for waving black flags during Chief Minister Pinarayi Vijayan's convoy in 2017, as part of their protest. Justice Bechu Kurian Thomas, delivering the judgement, clarified that the act, often used as a mark of protest, does not breach defamation laws.

The Court further quashed the final report based on police allegations, noting no obstruction or illegal activity occurred during the protest. It highlighted that accusations of assault or criminal force needed substantial evidence, which was lacking in this instance.

(With inputs from agencies.)