The court ordered that the matter be investigated while hearing a petition filed by an RSS activist from Pathanamthitta.
Published Aug 24, 2022 | 12:53 PM ⚊ Updated Aug 24, 2022 | 12:53 PM
Kerala MLA KT Jaleel with former Kerala industry minister and CPI(M) leader AC Moideen at Dal Lake in Srinagar. (Jaleel/Facebook)
The Kerala police on Wednesday, 24 August, registered a case against MLA KT Jaleel for a controversial Facebook post describing Jammu and Kashmir as “India-occupied Jammu and Kashmir” and Pakistan-occupied Kashmir (PoK) as “Azad Kashmir”.
This follows a direction from the sub-court at Thiruvalla in Pathanamthitta district on Tuesday directing the police to register and investigate a case against him for the Facebook post in Malayalam, which caused outrage a fortnight ago.
A former state higher education minister, police booked Jaleel under 153B of the Indian Penal Code (IPC) and the Prevention of Insult to National Honour Act of 1971.
The case was registered at Pathanamthitta’s Keezhvaipur police station, where the petitioner Arun Mohan, an Rashtriya Swayamsevak Sangh (RSS) activist, lives.
The National Honour Act prevents citizens from denigrating the Indian National Flag, Constitution and any geographical part of the country. Violations invite imprisonment for up to three years, with or without a fine.
Section 153B of IPC is meant to prevent imputation and assertions prejudicial to national integration, and violations invite imprisonment for up to five years, with or without a fine.
The “portion of Kashmir annexed to Pakistan is now known as Azad Kashmir”, and “the Pakistan government is not wielding much power in PoK”, Jaleel said in his post.
He went on to say “India-occupied Kashmir” comprised “Jammu, the Kashmir Valley, and Ladakh” and that there was heavy army presence in the region. The post said “the people of Kashmir had forgotten laughter” and were unhappy with the Union government’s abrogation of Article 370.
The remarks evoked widespread anger, with the BJP and RSS accusing him of jeopardising national interests.
Delhi Police has, meanwhile, sought legal opinion on filing a case against Jaleel on a complaint by lawyer GS Mani at the Tilak Nagar Police Station. The complaint is now with the Cyber Police Division.
Congress MLA Mathew Kuzhalnadan, too, filed a complaint against Jaleel with the Kerala Assembly Speaker, alleging that he violated the MLA code of conduct.
