Court Halts Prosecution Against Kerala Chief Minister Pinarayi Vijayan Regarding His Nava Kerala Sadas Address
In a significant development, the Kerala High Court has granted an interim stay of three months on the proceedings in the criminal case filed against Chief Minister Pinarayi Vijayan. The case arose from a complaint alleging that his speech, made during the Nava Kerala Sadas tour in 2023, provoked political violence following protests and incidents involving the Youth Congress members in November of the same year.
The stay was granted while hearing CM Vijayan’s plea challenging the order by the Ernakulam Chief Judicial Magistrate that took cognisance of the complaint and initiated sanction proceedings. The Magistrate's order was related to allegations that the CM’s remarks had led to attacks on opposition members across Kerala after a protest disrupted his convoy. However, the CM argues that his speech only praised the bystanders who prevented protestors from falling in front of his vehicle and did not incite violence or retaliation.
The High Court observed prima facie that the Magistrate might have exceeded jurisdiction by taking cognisance since the alleged incidents may have occurred outside the territorial limits of the Ernakulam court. The Court also observed that the CM's contention that his speech did not amount to an offence under Section 109 (abetment) of the IPC "is also liable to be considered."
The Court issued notices to the state government and the complainant, asking for their response by October 14, 2025. During the hearing, the Chief Minister was represented by Gilbert George Correya.
It is important to note that this case is not based on any FIR registered in the incidents of political violence. Subsequently, three incidents of political violence occurred in different districts, and FIRs were registered against unnamed persons in each incident. However, these FIRs did not name or implicate the CM.
The interim stay provides relief to the Chief Minister while the challenge to the complaint and the lower court’s order is being considered. The next hearing in this case is scheduled for October 14, 2025.
The interim stay granted by the Kerala High Court on the proceedings of the criminal case against Chief Minister Pinarayi Vijayan has opened a discussion on the court's jurisdiction in war-and-conflicts-related cases, as the alleged incidents may have occurred outside the territorial limits of the Ernakulam court. The politics surrounding the case is complex, with the CM arguing that his speech did not incite violence, while the Magistrate argues the opposite, prompting a need for policy-and-legislation to address such situations more clearly, and for the general public to stay informed on the latest in general-news regarding the case.
