Kerala HC Halts Case Against CM Pinarayi Vijayan Over Nava Kerala Sadas Speech

Eranakulam: The Kerala High Court on Thursday stayed all criminal proceedings initiated against Chief Minister Pinarayi Vijayan in connection with a 2023 speech made during the Nava Kerala Sadas tour, which was alleged to have incited political violence.

The stay was granted by Justice V.G. Arun while hearing a petition filed by the Chief Minister seeking to quash proceedings before the Chief Judicial Magistrate (CJM), Ernakulam. The case accuses Vijayan of abetment under Section 109 of the Indian Penal Code, in the wake of clashes that erupted during the statewide tour.

The controversy stems from an incident in November 2023, when Youth Congress workers attempted to block the Chief Minister’s tour bus while visiting the constituencies. The following day, Vijayan addressed the issue during an event in Kannur, publicly appreciating Democratic Youth Federation of India (DYFI) cadres and others who intervened to clear the protesters from the path. This appreciation, according to a later complaint, amounted to incitement.

However, the police investigation found no evidence linking the Chief Minister's remarks to any of the violent incidents reported in Malappuram, Ernakulam, and Alappuzha during the tour. The complaint, initially ignored by police, was revived five months later when the complainant approached the CJM court in Ernakulam. The court took it on file and directed an inquiry.

The Station House Officer, in response, reported that neither the complainant nor the witnesses could directly tie the violence to the Chief Minister’s speech. Despite this, the CJM on July 3 ruled that cognisance could not be taken without prior sanction from the Governor under Section 197 of the CrPC — a legal safeguard for public servants — and adjourned the matter to November 1, 2025.

In his petition, Vijayan argued that the order was legally unsustainable, passed without jurisdiction, and lacked proper judicial scrutiny. He also asserted that the allegations did not disclose any criminal intent (mens rea) or direct incitement, and therefore failed to constitute an offence.

The High Court, after reviewing the case, ordered a stay on the proceedings pending further hearing — effectively putting the brakes on what could have become a politically charged courtroom battle in the lead-up to the next election season. The case is expected to return to the High Court for detailed arguments in the coming weeks.