Activist who got a similar law struck down by SC starts another legal battle | India News
Even with the Kerala authorities deciding to withdraw the modification to the Kerala Police Act following public criticism, the legality of the ordinance may nonetheless be known as into query, studies KP Saikiran. Anoop Kumaran, an activist who had opposed Part 118D of the KPA within the Supreme Courtroom, leading to its scrapping, has approached the HC towards the ordinance. In his petition, he contended that Part 118A overlaps with central laws, which renders it untenable below the statute.
He argued that the ordinance gives penalty for defamation, which is already coated below Sections 499 and 500 of the IPC. The ordinance, in contrast to Part 499, doesn’t present for any exceptions. Furthermore, the supply within the ordinance makes the offence cognizable, in contrast to Part 499, below which it’s a non-cognizable offence. Thus the supply has, in impact, amended Part 499 of IPC, which is a central laws by making the offence cognizable and rising the punishment. The ordinance is past the facility of the state legislature and is thus arbitrary and unlawful, the petition mentioned.