Malayalam film director Akhil Marar has approached the Kerala High Court seeking anticipatory bail in a case registered against him for putting up posts on social media disparaging the Kerala Chief Minister and the Chief Minister's Disaster Relief Fund (CMDRF) [Akhil Raj alias Akhil Marar v State of Kerala].
When the case came up before the Court today, Justice CS Dias directed the Public Prosecutor to get instructions from the State government and posted the matter for hearing on September 27.
Marar found himself under the scanner after he made a Facebook post discouraging contributions to the CMDRF, following the landslides which struck Wayanad district earlier this year.
The post alleged that the State government was using natural disasters as an opportunity for financial gain.
According to Marar's petition before the High Court, the social media post in question read as follows:
"The Hon'ble Chief Minister is not a person who rescued the people from disasters instead he is a person who misused the disasters and earned profit out of it. Though the flood happened in the year 2018 was caused due to the mismanagement of the Kerala government, this time the Kerala government was reluctant to give much importance to the warning about landslides caused in Wayanad".
These remarks drew widespread criticism and led to a case being registered against Marar by a Cyber Crime Police Station alleging commission of offences punishable under Sections 45 (abetment) and 192 (provocation to cause riot) of the Bharatiya Nyaya Sanhita (BNS).
The first information report (FIR) also alleged that Marar had violated Section 51 of the Disaster Management Act (DMA) which deals with obstructing or refusing to comply with directions from authorities during disaster management efforts.
In his petition seeking anticipatory bail, Marar argued that his post was merely an expression of his personal opinion which is protected under Article 19(1) of the Indian Constitution, which guarantees freedom of speech and expression.
He claimed that he has also made posts on his social media accounts stating that instead of donating to the CMDRF, he wants to build four houses for those who lost their dwellings in the landslides.
Marar also alleged that the charges against him were politically motivated and intended to tarnish his image.
Mara further said that he has no criminal antecedents and that his custodial interrogation would be unnecessary.
Marar was represented by advocates Sasith MR, Sithara Hamza Kizhakoot, RK Chirutha, Neelanjana Nair, Anjana Suresh E, Reethu Jacob, Nanma BB, Riya Kochumman and Lidhya George.