Immoral but not illegal: Kerala HC quashes case against law student accused of defiling Gandhi statue
However, the court noted that respecting our freedom fighters is a fundamental duty under the Constitution.
However, the court noted that respecting our freedom fighters is a fundamental duty under the Constitution.
However, the court noted that respecting our freedom fighters is a fundamental duty under the Constitution.
Kochi: The Kerala High Court recently quashed the criminal proceedings taken against a law student for allegedly defiling Mahatma Gandhi's statue on his campus. The student reportedly put sunglasses and a Christmas wreath on the statue. Justice V G Arun, while quashing the case, said that the commission of offences under Sections 153 (wantonly giving provocation with intent to cause riot) and 426 (punishment for mischief) of the IPC were not made out.
"Undoubtedly, the conduct of the petitioner is deplorable and he should have known that the rights and freedom guaranteed by the Constitution ought to be tempered and moulded by the fundamental duties cast upon him...Here, it is essential to note that not all immoral acts are illegal acts," the Justice said. "While the objectionable conduct of the petitioner is undoubtedly immoral, it cannot be termed as illegal in the absence of a law preventing and prescribing punishment for such an act," he added.
However, the court noted that respecting our freedom fighters is a fundamental duty under the Constitution, even though it is not explicitly mentioned. The court also remarked that though the act of the petitioner can be termed as 'mischief' in common parlance, the offence of 'mischief' was not made out since the ingredients under Section 425 IPC were not satisfied. Regarding the offence under Section 153, the court found that since the petitioner committed no illegal act, the same would not stand.
(With LiveLaw inputs)