Kerala High Court stays FIR against NSS leader booked for protesting Speaker's remark on Lord Ganesha

The Kerala High Court on Thursday stayed the First Information Report (FIR) registered against the Vice-President of Nair Service Society (NSS), Sangeet Kumar booked for allegedly leading a protest against a remark made by Kerala legislative assembly speaker, AN Shamseer, about Lord Ganesha [Sangeeth Kumar v State of Kerala & Anr.]..Justice Raja Vijayaraghavan V ordered an interim stay of the FIR for four weeks..The prosecution's case is that around 1,000 activists of the NSS, under the leadership of Kumar, formed themselves into an unlawful assembly near Palayam Ganapathy Temple in Vanchiyoor on August 2 at about 5.30 PM to conduct “NSS Namajapa Yathra."This was in protest against the Speaker's statement about Lord Ganesha.The police alleged that the said yatra was conducted in defiance of the law by raising slogans through microphone sets mounted on vehicles.The same was done without permission causing obstruction to the smooth movement of pedestrians and vehicles on roads and in defiance of police orders, it was further alleged.The State Police, therefore, suo motu registered a crime against Kumar accusing him of offences under Sections 143 (unlawful assembly), 147 (rioting) and 283 (danger or obstruction in a public way) of the Indian Penal Code (IPC) and several provisions under the Kerala Police Act, 2011.The crime was registered against Kumar and 1,000 identifiable persons, all office bearers or activists of the NSS.Kumar accepted the prosecution’s allegations about participating in the yatra but he contended that none of the offences charged against him were attracted.The plea said that Kumar and his NSS activists peacefully assembled to mark their voice against the speaker’s inflammatory statement against Lord Ganesha.He strongly contended that he is not guilty of any of the offences charged against him in the FIR.As per reports, while making a speech in an event, the Speaker had commented, "Education should promote science because scientific discoveries provide solutions to various issues. However, they (the BJP) are trying to replace scientific facts with myths in textbooks ... According to them, the first example of plastic surgery is Ganesha."The comment has met with criticism from various quarters, including the NSS, which asserted that this remark hurt the sentiments of Hindus..Advocates RT Pradeep, V Vijulal, P Bijimon and M Bindudas appeared for Kumar..[Read Order]