Sabarimala women entry remark: HC relief for Goa governor Pillai

Kochi: The case registered against Goa governor P S Sreedharan Pillai by the Kozhikode Kasaba police, alleging that he made a speech with intent to cause fear or alarm among the public or a section of the public, has been quashed by the Kerala high court.
Justice PV Kunhikrishnan was considering a petition by Pillai, who is also a BJP leader, seeking to quash the proceedings. The case pertained to Pillai’s speech at a Bharatiya Janata Yuva Morcha (BJYM) state council meeting held in a hotel on Nov 4, 2018.
It was alleged that he remarked that the “closure of Sabarimala nada (temple doors) by the thantri (head priest) in case of the entry of women in the 10-50 age group would not amount to contempt of court and the thantri is not alone as we all are behind him”.
A complaint subsequently lodged claimed that the comments were contrary to the Supreme Court’s order permitting the entry of women in this age group into Sabarimala and that the speech attracted the offence under Section 505(1)(b) of the IPC (speech with intent to cause fear or alarm to the public or a section of the public).
The court observed that the meeting was conducted exclusively for the BJP’s youth wing and was not a ‘public gathering’. Therefore, the speech could not be said to cause fear or alarm to the public or any section thereof.
The court also rejected the contention that the alleged speech constituted contempt of court for being against the apex court’s decision. Citing the Supreme Court’s observations, the bench noted that fair criticism of a judgment, being a public document, is not a crime but a fundamental right. Additionally, the bench asserted that the petitioner enjoys immunity under Article 361 of the Constitution, which protects a sitting governor from criminal proceedings during their term of office. Article 361(2) explicitly states that no criminal proceedings shall be initiated or continued against the President or a Governor in any court while they hold office. With this reasoning, the bench concluded that the case against Pillai could not be sustained.