Kerala's LDF govt to withdraw controversial amendment to Police act

: The CPI(M)-led

Left government in Kerala on Tuesday decided to bring in an ordinance to withdraw the controversial amendment to the Kerala Police Act, which had triggered a political storm with concerns being raised over its possible misuse.

A special cabinet which met in the afternoon decided to recommend Governor Arif Mohammed Khan to issue an ordinance to repeal Section 118-A, Chief Minister Pinarayi Vijayan said.

"The state Cabinet which met today has decided to recommend the Governor to bring out an ordinance to withdraw the amendment to Kerala Police Act," Vijayan told the media.

Khan had on Saturday signed the Kerala Police Act Amendment ordinance brought by the Left front government envisaging addition of Section 118-A to prevent cyber attacks against women and children.

 

A political outcry erupted across the country over the controversial amendment,with opposition parties and even left sympathisers saying it was against the freedom of speech and media.

Shortly after CPI(M) general secretary, Sitaram Yechury told reporters in Delhi yesterday that the amendment providing for upto five years jail term to those making defamatory social media posts would be reconsidered,the LDF government decided to put it on hold, saying further action would be taken after discussions in the stateAssembly.

"Many have expressed the opinion that the amendment will give too much authority to the police and that there are chances that it may be misused.

We value the opinion of society and decided to withdraw it as there are apprehensions among the people," Vijayan said.

Vijayan said the amendment will be withdrawn and a new law will be passed only after a detailed discussion in the state Assembly after duly considering the opinions coming from all quarters.

The chief minister said the amendment in the Kerala Police Act was an effort to check the widespread malicious campaigns through social media and otherwise, which pose a threat to individual freedom and dignity, which are constitutionally ensured to citizens.

"Strong protests have emerged from the society on account of the merciless attacks on various sections including women and transgenders.There have been instances in which even the integrity of families has been affected, resulting in suicides," Vijayan said.

He said the need for legally tackling this menace was raised even by the heads of media houses.

"The civil society had raised apprehension with regard to the amendment and it was the duty of the government to listen to them.

It's not our intention to curtail any right to opinion or to oppose the freedom of the media," the Chief Minister said.

Earlier in the day, the state government assured a division bench of the state High court that no FIRs would be filed on the basis of the amendment brought to the Police Act.

The assurance in this regard was given before a bench headed by Chief Justice S Mani Kumar when petitions, filed by state BJP President K Surendran and RSP leader Shibu Baby John challenging the constitutional validity of the amendment came up before the court.

"No coercive action will be taken on the basis of the newly inserted Section 118 A in the Kerala Police Act, 2011, which has been put on hold," the Additional Advocate General informed the court.

When the bench pointed out that the ordinancehas been issued, the government assured that no FIRs would be launched on the basis of the newly incorporated amendment,which was recorded by the court.