Will send wrong message: Kerala HC declines to stop trial against man accused of sending death threat to CM

Kochi: The Kerala High Court has refused to stay trial proceedings against a man accused of sending a message threatening Chief Minister Pinarayi Vijayan. The accused allegedly sent a message to the CM's Additional Private Secretary stating he would kill Pinarayi Vijayan on the eve of the election results.

The accused, a bank employee, was booked under IPC Sections 153 (provocation to cause riot), 506(i) (criminal intimidation), and Section 120(o) of the Kerala Police Act (causing nuisance).

Justice P V Kunhikrishnan observed that even if the message was sent as a joke or in an emotional moment, the petitioner should have been aware of its consequences. “Social media comments are a menace now,” the judge remarked, adding that threatening messages against constitutional authorities not only waste police resources but also undermine democracy.

The court criticised the trend of sending such messages and then approaching courts claiming no offence was made out. It held that allowing pre-trial discharge in such cases would send the wrong message to society, especially when the accused has sent two such messages targeting an elected CM on a politically sensitive day.

Rejecting the petitioner’s arguments—including questions of jurisdiction and lack of a formal statement from the CM's secretary—the court stressed that Section 258 Cr P C is not meant for discharging an accused but for halting proceedings in exceptional cases. Noting that the alleged threat was made the day the LDF returned to power, the court said, “Such threats are not merely against an individual but against the democratic mandate of the people and must be dealt with sternly.”
(With LiveLaw inputs)