Kerala HC says waving black flag can’t be perceived as defamatory or illegal

KOCHI: The Kerala High Court has stated that showing or waving a black flag at a person cannot be perceived as a defamatory or illegal act to attract an offence under Section 499 of the IPC. Even if a black flag was waved at the chief minister’s convoy, such conduct cannot by any stretch of the language of Section 499 IPC be perceived as defamatory.

While quashing cases registered against three persons– Simil, Phijo, and Sumesh Dayanandan, of Ernakulam- for waving a black flag, Justice Bechu Kurian Thomas said that a black flag can depict different things depending on the context. Waving a flag can be a sign of support or a sign of protest. It is a matter of perception.