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Synopsis

The Kerala High Court on Thursday (February 21,2025) denied anticipatory bail to Former member of Kerala Legislative Assembly (MLA) PC George in a hate speech case for his “All Muslims in India are terrorists and communalists” remark.

A Single judge bench comprising Justice P.V. Kunhikrishnan, delivered the verdict, observing that “Nowadays, there is a tendency to make statements based on religion, caste etc. These are against the basic structure of our Constitution. These tendencies should be nipped in the bud.”

The petitioner was previously granted bail on May 27, 2022. The bail order imposed a clear condition that George should not make any speech or statement that could lead to the commission of offences under Sections 153A or 295A of the Indian Penal Code (IPC), which correspond to Sections 196 and 299 of the Bharatiya Nyaya Sanhita (BNS). However, during a recent television channel discussion, George allegedly made statements that led to the registration of a fresh case under the aforementioned BNS provisions.

The petitioner argued that the contentious statement was made due to provocation by the co-panelist on the television show and was merely a ‘slip of the tongue’ and lacked any intention to violate the bail conditions. It was further highlighted that the petitioner published a Facebook post in which he submitted an apology for making such a statement.

Contrarily, the prosecution opposed the bail plea, contending that George's statement was deliberate and had the potential to disrupt communal harmony. The prosecution argued that George, being a seasoned politician with nearly 30 years of experience as an MLA, should have exercised restraint and understood the consequences of his public statements.

The court opined that prima facie the offences under Sections 196(1)(a) and 299 of the BNS could not be outrightly dismissed.

The court noted that the tone and tenor of the petitioner's statement did not support the claim of a slip of the tongue and that the argument of provocation by a co-panelist was unconvincing. It remarked, “a politician like the petitioner, who has about 30 years of experience as an MLA can be provoked easily like this, he does not deserve to continue as a political leader.”

The court also considered George's subsequent apology on social media but held that an apology could not wipe off the offence. The court emphasised that “The politicians should be a role model to the society. After making abusive statements which may result in communal disharmony, the apology given by the petitioner cannot be accepted.”

The court highlighted the insufficiency of the existing penal provisions addressing hate speech, pointing out that offenders under Sections 196(1)(a) and 299 of the BNS could escape with merely a fine. Both provisions prescribe a punishment of up to three years of imprisonment, a fine, or both, with the jail term being optional. In furtherance, stating that “This is a serious matter to be looked into by the Law Commission and the Parliament,” the court suggested that the Law Commission and Parliament should consider whether merely imposing a fine is an appropriate remedy for such offences, especially for repeat offenders like the petitioner.

Ultimately, the court ruled that the petitioner has violated the bail conditions. “If this Court grants bail in these types of cases, that will give a wrong message to the society. The people may think that, even if the bail conditions are violated, they will get anticipatory bail from the court of law. Such a message should not go to the society,” it stated.

Concluding that there was no merit in the bail application, the court dismissed it.

 

Cause Title: P C George v State of Kerala [Bail Appl. No. 1874 OF 2025]

Appearance: For the Petitioner- Senior Advocate Vijayabhanu, Advocates Sruthy N. Bhat, P.M.Rafiq, Ajeesh K.Sasi, M.Revikrishnan, Rahul Sunil, Sruthy K.K, Sohail Ahammed Harris P.P., Nanditha S., Aaron Zacharias Benny, K.Aravind Menon;  For the Respondents- Advocate S Rajeev, Special Government Pleader P Narayanan, Senior Government Pleader Sajju S, Advocates V.Vinay, M.S.Aneer, Sarath K.P., K.S.Kiran Krishnan, Anilkumar C.R., Dipa V.