The Kerala High Court has clarified that remarks or publications about banned organizations, such as the Popular Front of India (PFI), cannot be considered defamatory. This decision follows a petition challenging a defamation case filed over comments on the PFI, an organization declared an “unlawful association” by the Central government in September 2022.
Justice PV Kunhikrishnan emphasized that once an organization is banned, it loses its legal entity, rendering it incapable of being defamed under Section 499 of the Indian Penal Code (IPC). “A banned association cannot claim defamation because it no longer has a legal standing,” the Court observed.
The case originated from an article in Organiser magazine, which linked the PFI to terrorist activities and described it as the successor to the proscribed group SIMI. The article also alleged the group’s involvement in incidents like the hand-chopping of Professor TJ Joseph and the Bangalore serial blasts.
Although the defamation case, filed by PFI’s General Secretary, CP Mohammed Basheer, argued that the article harmed the organization’s reputation, the Court disagreed. It noted that the claims in the article merely echoed publicly available information. Justice Kunhikrishnan stated, “In such circumstances, a complaint of defamation from a banned organization is untenable.”
By quashing the defamation proceedings, the Court reaffirmed that legal protections against defamation are reserved for individuals and entities with valid legal recognition, which a banned organization no longer possesses.
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