‘Writing against a banned terrorist organization not defamatory’ : Kerala HC

Thiruvananthapuram – The Kerala High Court has dismissed a case against the ‘Organizer’ and Bharat Publication for publishing a defamatory article about the banned Islamic terrorist organization ‘Popular Front of India’ (PFI). The Court has said that ‘PFI’ is a banned organisation in India and as it does not have a legal existence, defamation charges cannot be filed against those who write against it.

1. Justice P V Kunhikrishnan, who heard the case, said that a banned organization cannot file a defamation complaint. ‘PFI’ does not fall under Section 499 of the IPC; as it does not have a legal existence, the Court said.

2. ‘PFI’ General Secretary Mohammad Bashir had alleged that Bharat Publication (Delhi) had published a defamatory article against ‘PFI’. The article alleged that ‘PFI’ is a new version of the banned ‘Student Islamic Movement of India’ (SIMI) and that this organization promotes ‘Love Jihad’.

3. Justice P V Kunhikrishnan said that the allegations made in the article are also available in public. Therefore, it does not constitute defamation. The Court then dismissed the defamation complaint.