The Kerala High Court dismissed a case against Malayala Manorama over BJP’s complaint. The Court ruled that cartoonists are entitled to the Freedom of Expression because they are an integral element of the press and media.

Kerala news daily Malayala Manorama published a cartoon of Karamchand Gandhi and the Bharatiya flag to ‘honour’ our country’s 70th Independence Day. The cartoonist outlined the saffron section in black. The Bharatiya Janata Party’s Area Committee General Secretary filed the complaint. Malayala Manorama requested that the FIR and Final Report be set aside at the High Court.

Thus, under the Prevention of Insult to National Honour Act, 1971, the Court dismissed proceedings against the editorial director, managing editor, and the Malayala Manorama editorial team for insulting the National Flag.

Malayala Manorama claimed they have a tradition and would never disrespect or dishonour the National Flag or Gandhi. They stated that the cartoonist was expressing his freedom as an artist to celebrate Independence Day using a caricature.

(Mammen Varghese and his Malayala Manorama have a history of insulting Sanathana Dharma, openly propagating a ‘saffronisation’ of politics, vilifying the BJP/RSS and justifying Abrahamic (especially Christian) crimes using all means possible.)

Judge P.V. Kunhikrishnan said that a cartoonist’s brief depiction can produce powerful visual commentary that captivates, challenges, and motivates viewers. The Court declared:

“The cartoonists are also part and parcel of the press and media, and the cartoonists are also entitled to the freedom of expression guaranteed by Article 19(1)(a) of the Constitution. The fundamental right allows them to express their opinions, ideas, and creativity through cartoons, caricatures, and other forms of visual art. However, this freedom is subject to reasonable restriction under Article 19(2) of the Constitution, which permits the State to impose limitations on freedom of expression in the interest of the sovereignty and integrity of India, security of the State, friendly relation with foreign States, public order, decency or morality, contempt of court, defamation, incitement to an offence etc.”

According to the Court, a cartoon exaggerates or manipulates a person’s physical attributes, personality, or other traits to achieve a funny, satirical, or critical effect. The Court observed that a cartoonist’s brief caricature might convey much information.

The Court declared that for an offence to be classified as punishable by the Prevention of Insult to National Honour Act, the term “insult” must be present. Laws stipulate that insulting the Bharatiya national flag and constitution can result in a maximum sentence of three years in prison, a fine, or both.

The Court pointed out that since the Act did not define the term “insult,” it was necessary to use its common usage. “Insult” is “derogatory or demeaning remarks, comments, or actions intended to cause someone to feel offended or humiliated, to question their dignity or sense of self-worth, to incite hatred or anger, or to show disdain or contempt.” (Kunhikrishnan relied on the Oxford dictionary!)

“The Act 1971 is to prevent insults to national honour, which means the intention on the part of a person to insult the national honour is the main ingredient to attract the provisions of Act 1971. Unless there is a deliberate action to insult the national honour, the provisions of the Act 1971 is not attracted”, stated the Court.

The caricature was published in Malayala Manorama to commemorate the anniversary of Independence Day, the Court said, along with articles commemorating Bharatiya independence. The court praised the cartoonist and Malayama Manorama and said that the caricature beautifully captures the spirit of the 70th anniversary of independence.

The Court continued by stating that the complaint was submitted without considering the advantages of the newspaper’s Independence Anniversary celebration edition. It pointed out that the complaint was ‘overly critical’ and advised everyone to avoid concentrating only on the negative aspects.

According to the court, Malayala Manorama had no intention of insulting Gandhi or the national flag. The Court continued by saying that conduct would only be considered unlawful if it was done with an intent to defame the national flag.

It concluded, “Hence, the offence is attracted when a person in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise shows disrespect to or brings into contempt whether by words, either spoken or written or by acts the Indian National Flag or the Constitution of India or any part thereof to insult it. The Act itself is made to prevent insults to national honour.”

Thus, the Kerala High Court dismissed the proceedings against Malayala Manorama and its management.

Reportedly, Judge Kunhikrishnan praised other cartoonists and former PM Jawaharlal Nehru. Incidentally, Nehru curbed press freedom and freedom of expression to protect the ‘moral standards’ of Bharatiyas and faced opposition from all his opponents. Nehru’s authoritarian First Amendment of our constitution severely restricted the freedom of the press. And, of course, his daughter, PM Indira Gandhi, declared an Emergency in 1975.

In June 2022, the Malayala Manorama newspaper insulted our Prime Minister while reporting that PM Narendra Modi would skip his Kerala visit. They used a distorted photo that drew sharp protests from a broad section of society. The controversial news report was published in their Palakkad edition.

Malayala Manorama was considered the Congress mouthpiece. After the party’s second loss (in the 2021 assembly elections), the publications shifted their loyalties towards their anti-Bharat Leftist Islamist paymasters (advertisers). 

Incidentally, PM Narendra Modi addressed the Malayala Manorama News Conclave in Kochi via video conferencing immediately after regaining power in 2019. Modi praised Malaya Manorama for its contribution to making the citizens of Kerala more aware and for supporting Bharat’s freedom movement. His participation at the Malayala Manorama event did not go well with local Hindus.

Headed now by Mammen Mathew, Malayala Manorama was first published weekly in 1888 and currently sells (self-proclaimedly) around 20 lakh copies. Since Abrahamics manage educational institutions in Kerala, even Hindu students are brainwashed into following such newspapers.