In a significant ruling, the Kerala High Court has held that waving black flags at the Chief Minister’s convoy is not an illegal act and does not constitute defamation.

The judgment by Justice Bechu Kurian Thomas comes as a setback for the Left government, particularly as numerous Youth Congress activists faced police action last year for waving black flags at Chief Minister Pinarayi Vijayan during the Nava Kerala Sadas, the state government's outreach initiative.

"Though signs and visible representations can be a mode of defaming a person, still, showing or waving a black flag to a person cannot amount to defamation nor is it an illegal act," Justice Thomas said.

The Kerala High Court quashed the final report against three individuals accused of waving black flags at Chief Minister Pinarayi Vijayan's convoy in 2017 near North Paravur. The court observed that displaying a black flag is generally a symbolic act of protest, and in the absence of any specific law prohibiting it, such an act does not constitute defamation. 

Justice Bechu Kurian Thomas further clarified that defamation charges in this case lacked legal validity since such allegations can only be pursued through a private complaint, not a police report. The court also noted that the protesters did not obstruct the convoy, as the police promptly removed them without causing any disruption.

"There is, hence, nothing to indicate that any obstruction was caused by the petitioners even temporarily to any person. Thus, the offence under section 283 (danger or obstruction in public way or line of navigation) of IPC is not attracted from the allegations in the final report," it said in its order of November 20.

The court also noted that, according to the final report, while the accused were protesting, the police intervened to prevent them from obstructing the Chief Minister's convoy. During this intervention, the accused allegedly engaged in pushing and pulling the officers' uniforms.

"Minimal push and pull is only natural while preventing a person from causing obstructions. The allegations do not indicate any obstruction caused in the discharge of the police duty. The allegations in the final report only indicate a trivial instance of push and pull by the petitioners.

"... this court is of the view that having regard to the nature of allegations and in the absence of any assault or injury on the police officers and since the duty of the police officers was not deterred, section 95 (act causing slight harm) IPC can be applied to quash the offence under section 353 (assault or criminal force to deter public servant from discharge of his duty) IPC," the court said.