The Kerala High Court has dismissed an FIR lodged against P.S. Sreedharan Pillai, the Governor of Goa, over comments he made in 2018 concerning the entry of women of all ages to the Sabarimala temple. Justice P.V. Kunhikrishnan ruled that the allegations under section 505(1)(b) of the IPC, which pertains to statements conducing to public mischief, were not substantiated as the remarks were made during a Yuva Morcha state committee meeting and not a public gathering.
The FIR was initially filed following Pillai’s critique of the Supreme Court decision that allowed women of all reproductive ages to enter the Sabarimala temple, a contentious issue at the time. The complaint by a journalist claimed that Pillai’s statement—suggesting that the temple’s head priest could close the doors to prevent women’s entry without constituting contempt of court—was likely to induce public mischief.
However, the High Court noted that Pillai’s speech did not incite any crime against the state or public tranquility. Additionally, the court highlighted that Pillai, in his capacity as Governor of Goa, is entitled to immunity under Article 361(2) of the Constitution, which protects governors and the president from criminal proceedings during their terms.
In its judgment, the court also defended the right to a fair and reasonable criticism of a judicial decision, asserting that such critique of a public document does not equate to contempt of court or trigger criminal offenses. The court further reasoned that media coverage of the speech, which was held in a hotel and not a public venue, does not make Pillai liable for offenses under section 505(1)(b) of the IPC.
