‘Immoral, Not Illegal’: Kerala HC Quashes Case Against Student For Disrespecting Gandhi Statue
The Kerala High Court recently observed that criminal liability cannot be fastened on a person merely for conduct deemed immoral or disrespectful, unless it is expressly prohibited by law. Quashing a case against a law student who had placed sunglasses and a Christmas wreath on a statue of Mahatma Gandhi, court said that while the act may have been in poor taste, it did not amount to a punishable offence in the absence of any specific legal provision criminalising such behaviour.
The bench of Justice V.G. Arun passed the order in a petition filed by 23-year-old Adeen Nazar, who was then a law student at Bharata Mata School of Legal Studies. He had approached the court seeking to quash the FIR registered at Edathala Police Station, Ernakulam, and the consequential proceedings before the Judicial First Class Magistrate, Aluva.
According to the prosecution, on December 21, 2023, while preparing for Christmas celebrations on campus, Nazar allegedly placed a pair of sunglasses and a Christmas wreath on the statue of Mahatma Gandhi located within the college premises. He also reportedly commented that “Gandhi is long dead.” A video of the act was shared in a student WhatsApp group, sparking outrage among peers and leading to complaints.
Consequently, Nazar was suspended from college for five days and directed to pay a fine of Rs. 5,000 to the Kerala State Legal Services Authority. Police registered a case against him under Sections 153 (provoking with intent to cause riot) and 426 (mischief) of the Indian Penal Code.
Nazar’s counsel admitted the act was unjustifiable but argued that it did not attract criminal liability. Court agreed, holding that for an act to attract Section 153 IPC, it must not only be wanton or malignant but also “illegal.”
Since no Central or State law prescribes punishment for defiling the statue or image of a national leader, the act, while immoral, could not be termed illegal, court held.
Justice Arun wrote, “All immoral acts are not illegal acts… even the Prevention of Insults to National Honour Act, 1971, contains no provision against defilement of statues of national leaders.”
Regarding the mischief charge under Section 426, court held that the act did not meet the threshold of causing destruction, damage, or diminution of property, as required under Section 425 IPC.
Importantly, court emphasized the constitutional duty of citizens to respect national symbols and freedom fighters, yet clarified that such moral expectations cannot override the legal requirement that criminality must stem from statutory prohibition.
“Nullum crimen sine lege" meaning "no crime without law" is a fundamental tenet of criminal jurisprudence,” court observed.
Accordingly, court quashed the FIR, final report, and further proceedings in the case.
Case Title: Adv Adeen Nazar vs State of Kerala and Others
Order Date: July 30, 2025
Bench: Justice V.G. Arun