Kerala court asks police to probe if complaint against CM can be proceeded with

Kochi, Oct 9 (PTI) A Kerala court has directed the police to investigate whether there are sufficient grounds to proceed against Chief Minister Pinarayi Vijayan in a complaint accusing him of making statements to instigate his party workers into attacking Youth Congress activists during the Nava Kerala Sadas outreach programme held by the government last year.

The Chief Judicial Magistrate Court, Ernakulam, noted that the complaint was filed before the Bharatiya Nagarik Suraksha Sanhita (BNSS) came into force.

It also noted, in its order dated October 3, that "address of the accused (Vijayan) is beyond the territorial jurisdiction of this court".

"Therefore, as per section 202(1) the Criminal Procedure Code (CrPC) issuance of process is postponed.

"SHO, central police station is directed to conduct an investigation as per section 202(1) CrPC on the allegation contained in the complaint," it said.

According to section 202(1) of the CrPC, on a magistrate receiving a complaint where he is authorised to take cognisance and where the accused is residing at a place beyond his jurisdiction, he can "either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding".

In the instant matter, Ernakulam District Congress Committee president Muhammed Shiyas has filed the complaint accusing the CM of making statements which allegedly justified the physical assault of Youth Congress activists purportedly by CPI(M), DYFI and SFI workers.

The complaint claimed that the CM said that the Left activists were trying to save the YC workers who were trying to jump in front of the bus carrying Vijayan and other ministers during the Nava Kerala sadas.

Shiyas claimed that the speech instigated the Left activists to brutally attack and assault protesting YC workers on several other occasions too.

"The complainant begs to submit that the instigating and provoking speech made by the accused has instigated and abetted his party workers who thereby committed physical assault on the Youth Congress members pursuant to his instigation and abetment by way of speech," his complaint said.

It also said that he approached the court as the police did not lodge a case based on his complaint. PTI HMP HMP ROH