State: Kerala

Year: 2019

Date: August 16, 2019

Source:

Lawfare – General, Others

Kerala Government initiated criminal proceedings against a man, Manu S, who was prosecuted for posting a Facebook comment critical of contributions to the Chief Minister’s Distress Relief Fund (CMDRF). The case, registered suo motu by the Ernakulam Central Police Station in August 2019, had invoked Section 505(1)(b) of the Indian Penal Code and Sections 118(b), 118(c), and 120(o) of the Kerala Police Act. The petitioner’s comment had merely expressed the view that providing direct help to flood victims was preferable and that contributions to official relief funds might be misused.

Updated On: November 12, 2025

Kerala High Court Upholds Free Speech: Criticism of Government Relief Fund on Social Media Not a Crime

In a landmark affirmation of the constitutional right to free speech, the Kerala High Court in Manu S v. State of Kerala and Others [2025 LiveLaw (Ker) 726] quashed criminal proceedings against a man who was prosecuted for posting a Facebook comment critical of contributions to the Chief Minister’s Distress Relief Fund (CMDRF).

Delivering the judgment, Justice V.G. Arun observed that mere dissent or criticism cannot be criminalized under the guise of maintaining public order, as freedom of expression is the lifeblood of democracy. The Court reiterated that Article 19(1)(a) of the Constitution guarantees every citizen the right to express opinions, and such expression can be curtailed only under the limited grounds enumerated in Article 19(2). The ruling thus reinforced that fear of governmental displeasure or public backlash cannot justify restricting a citizen’s voice on social media.