Message threatening to harm chief minister Pinarayi Vijayan: Kerala HC dismisses bank employee's discharge plea

Kochi: Kerala HC has dismissed a petition filed by M Abjijith, a bank employee and native of Payyannur, seeking discharge from a case in which he allegedly sent threatening messages to the additional private secretary to the chief minister, stating that he would kill the CM.

Dismissing the petition, the bench of Justice P V Kunhikrishnan observed that if the court were to declare, without even a trial, that no offence is made out, it would send a wrong message to society. The court noted that there is a growing trend of individuals sending threatening messages and making derogatory remarks against constitutional authorities, including the prime minister, chief ministers and judges, on social media platforms, often in a bid to gain publicity. As a result, the police are forced to spend valuable time determining whether such statements are made merely for attention or are driven by a specific motive. After making such statements, the accused often approach the court seeking discharge, either by arguing that no offence is made out or by raising technical grounds to avoid prosecution.

In the present case, Abjijith allegedly sent two such messages on May 2, 2021, the day the state assembly election results were declared. Police registered an FIR, conducted an investigation, and filed a final report before the jurisdictional court. Abjijith then approached the court seeking to quash the proceedings, but the petition was dismissed. He subsequently moved HC.

Upon perusal of the case records, the court observed that the messages were sent on the day the LDF, led by the chief minister, secure a second consecutive term. HC noted that such threatening messages are not merely directed at an individual but strike at the heart of democracy and, ultimately, the people who participated in the democratic process. It stated that such actions must be dealt with by the iron hand of the law and must send a strong message to society.

HC further held that even if the message was sent as a joke or in a moment of emotional distress following the election results, the petitioner, being an educated person, is expected to be fully aware of the legal implications. His actions unnecessarily troubled not only the additional private secretary but also the entire state police machinery. Accordingly, the court concluded that such a person is not entitled to any discretionary relief and must face trial in accordance with the law.