The Kerala High Court highlighted the necessity for mandatory jail time for those making caste-based comments. Justice Kunhikrishnan criticized politicians and questioned the leniency toward repeat offenders in the Bharatiya Nyaya Sanhita.
Kochi: The Kerala High Court has emphasized the need for mandatory jail time for individuals who repeatedly make caste-based comments or engage in hate speech. Justice PV Kunhikrishnan made these remarks while hearing an anticipatory bail plea filed by BJP leader PC George in a hate speech case.
George is accused of making derogatory statements against the Muslim community during a televised program. The Court has reserved its order on his anticipatory bail plea but strongly criticized politicians for resorting to such provocative remarks.
“He (George) is an experienced politician, how can he make such comments? … It’s a secular country. Why these people are using caste-based comments?”
Justice Kunhikrishnan remarked during the hearing.
The Court also raised concerns about the lack of strict punishments for repeat offenders under the new Bharatiya Nyaya Sanhita (BNS), which replaced the Indian Penal Code.
“My doubt is, even after (Bharatiya Nyaya Sanhita) has come, the maximum sentence that is given under Section 196 (offence of promoting enmity) is three years or fine. Why has this not been amended with respect to repeated offenders? In a secular country like ours, why has the Law Commission ignored this even after the new criminal laws were introduced?”
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he questioned.
The judge further asserted that
“there should be a mandatory jail sentence for repeat offenders where caste-based comments are made in a secular state.”
PC George was booked in a hate speech case following a complaint by the Muslim Youth League Municipal Committee. An FIR was filed against him under Sections 196(1)(a) and 299 of the Bharatiya Nyaya Sanhita, 2023, along with Section 120(o) of the Kerala Police Act.
The Kottayam Sessions Court previously denied his anticipatory bail, leading George to seek relief from the High Court.
The State Government strongly opposed granting anticipatory bail to George, citing his history of making provocative statements despite court warnings.
“This is not the first time. Scant regard to court orders. Whether this court can exercise this jurisdiction when he’s violating the orders repeatedly? Even without registration of crime he’s committing crime. Here there is already crimes registered based on the serious allegations against him. Just see the nature, even if he was provoked (in the present case), this is not first time he’s committed the offence … If he is granted bail today with conditions, what is the guarantee that he will follow them this time?”
argued Senior Public Prosecutor P Narayanan.
Senior counsel P Vijayabhanu, representing George, defended his client by stating that the remarks were made in the heat of the moment and were not intended to cause offence. He also highlighted that George had apologized immediately after making the comments.
On the other hand, advocate S Rajeev, appearing for the complainant Muhammed Shihab, joined the State in opposing the anticipatory bail plea.
Other lawyers representing PC George included Sruthy N Bhat, PM Rafiq, Ajeesh K Sasi, M Revikrishnan, Rahul Sunil, Sruthy KK, Sohail Ahammed Harris PP, Nanditha S, Aaron Zacharias Benny, and K Aravind Menon.
Case Title – PC George v. State of Kerala
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