The Kerala High Court on Thursday stayed for three months the proceedings in a private complaint seeking prosecution of Chief Minister Pinarayi Vijayan in connection with a series of violent incidents during the state government’s 2023 outreach initiative, Nava Kerala Sadas.
Justice V G Arun granted the interim relief while considering a petition filed by the Chief Minister seeking quashing of both the complaint and the July 3 order passed by the Ernakulam Chief Judicial Magistrate, which had observed that a prima facie case existed but required sanction from the Governor for prosecuting the CM.
The complaint was filed by Ernakulam District Congress Committee (DCC) president Muhammed Shiyas, who alleged that the Chief Minister’s speech during the outreach programme amounted to abetment of political violence across the state. Shiyas pointed to three incidents between November 30 and December 16, 2023, where Kerala Students Union (KSU) and Youth Congress workers were allegedly attacked by CPI(M)’s youth wing, Democratic Youth Federation of India (DYFI), and CM’s security personnel for staging black flag protests.
According to Vijayan’s plea, his speech delivered on November 20, 2023, merely appreciated bystanders who prevented protestors from falling under the wheels of his convoy and did not contain any endorsement of violence or retaliatory action. The Chief Minister maintained that his comments were misinterpreted and that he neither instigated nor abetted the subsequent acts of violence.
Although police filed FIRs against unnamed persons in the violent incidents, no evidence linked the Chief Minister to the crimes. The investigating agency even submitted a negative report clearing Vijayan of involvement. However, the magistrate rejected this report, holding that the speech prima facie amounted to incitement.
Vijayan’s petition argued that the magistrate’s order was “grossly erroneous”, lacked jurisdiction, and was unsupported by factual or evidentiary material. He further alleged that the magistrate failed to conduct a preliminary inquiry or properly examine inconsistencies in the FIRs and surrounding circumstances.
The magisterial court was scheduled to hear the matter next on November 1. With the High Court’s stay now in place, the proceedings remain halted, pending further review.
