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Activist who managed to repeal a similar law by SC starts another legal battle | India News


Even with the Kerala government’s decision to withdraw the amendment to the Kerala Police Law after public criticism, the legality of the ordinance could still be questioned, reports KP Saikiran. Anoop Kumaran, an activist who had opposed Section 118D of the KPA in the Supreme Court, resulting in its scrapping, has addressed the HC against the ordinance. In his petition, he argued that Section 118A overlaps with core legislation, making it untenable under statute.
He argued that the ordinance provides for a sanction for defamation, which is already covered by Sections 499 and 500 of the IPC. The ordinance, unlike Section 499, does not provide for exceptions. Additionally, the ordinance provision makes the offense recognizable, unlike Section 499, which makes it an unrecognizable offense. Therefore, the provision has amended Section 499 of the IPC, which is core legislation by making the crime recognizable and increasing the punishment. The ordinance is beyond the power of the state legislature and is therefore arbitrary and illegal, the petition says.

Times of India