[Breaking] No FIR or 'adverse action' to be taken invoking Section 118-A, Kerala Police Act until State takes a decision: Kerala High Court

The Kerala High Court today passed an interim order making it clear that no adverse action, suo motu case or FIR shall be registered invoking the controversial ordinance which introduced Section 118-A recently to the Kerala Police Act, 2011, until the State Government takes a decision on its implementation. .The controversial amendment criminalises the communication of abusive, defamatory and intimidating speech...A Bench of Chief Justice S Manikumar and Justice Shaji P Chaly took up petitions challenging the ordinance today. .[Breaking] BJP, UDF leaders move Kerala High Court challenging Section 118A of Kerala Police Act.Chief Justice Manikumar queried today if the government has decided to keep the ordinance in abeyance..The Court was informed by the Additional Advocate General Ravindranath KK that the Government is reconsidering the matter. The AAG further sought time to file an official communication on the issue. .A counsel appearing for the petitioner contended that it is not sufficient that the ordinance is put in abeyance, and that the author of the ordinance himself must act to withdraw it under Article 213 of the Constitution. Until then, the ordinance would remain in effect, it was pointed out..The High Court proceeded to direct that no adverse action should be taken invoking Section 118A, Kerala Police Act until the Government takes a decision on the same. .The matter has been posted for further consideration tomorrow, when the State is expected to file its official communication. .Read the Order:.Yesterday, the Chief Minister had issued a public statement intimating that the ordinance will not be implemented for now and that it will be subject to detailed deliberation in the Kerala Legislative Assembly. The development followed a widespread backlash from various sectors, raising apprehension that the ordinance will serve to curb free speech. .[BREAKING] Section 118A: Amid backlash, Kerala Government backtracks on controversial amendment to Kerala Police Act.The petitioners have challenged the ordinance as vaguely-worded, an unreasonable restriction on free speech and expression, and a resurrection of Section 66-A of the Information Technology Act, which had earlier been struck down by the Supreme Court in the landmark case of Shreya Singhal v. Union of India..Section 118A of Kerala Police Act: 5 grounds of challenge in 5 petitions before Kerala High Court.The new provision makes any expression, publication or dissemination of threatening, abusive, defamatory or humiliating content made through any mode of communication punishable if the person does it knowing it to be false and damaging to reputation or mind of another person. A person, if convicted for the offence, can be punished with imprisonment of upto 3 years or fine of Rs. 10,000 or both..The provisions reads as follows:.Punishment for making, expressing, publishing or disseminating any matter which is threatening, abusive, humiliating or defamatory.─ Whoever makes, expresses, publishes or disseminates through any kind of mode of communication, any matter or subject for threatening, abusing, humiliating or defaming a person or class of persons, knowing it to be false and that causes injury to the mind, reputation or property of such person or class of persons or any other person in whom they have interest shall on conviction, be punished with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees or with both..Kerala Governor, Arif Mohammad Khan had on Saturday signed off on a controversial ordinance introduced by the Left government in the State..Kerala Governor signs off on ordinance amending Kerala Police Act to combat defamation, communication of abusive material