The Kerala High Court on Thursday quashed a case registered against Goa Governor PS Sreedharan Pillai for his controversial remarks regarding the entry of women at the Sabarimala Ayyappa temple.
The case, filed by Kozhikode Kasaba police, was linked to a speech Pillai made in 2018 during a Bharatiya Janata Yuva Morcha (BJYM) meeting, in which he expressed opposition to the Supreme Court’s ruling allowing women of all ages into the temple.
Justice PV Kunhikrishnan ruled in favour of Pillai, citing that the speech was made in a private meeting with BJYM representatives, not a public gathering, and did not incite public unrest. The Court noted that while Pillai’s comments had been critical of the Supreme Court’s decision, they constituted fair criticism rather than contempt of court.
Pillai, who was BJP state president at the time, had said the issue of women’s entry should not escalate into a “war” and should remain a matter of peaceful debate. The Court said that such remarks, when made in a closed setting, were unlikely to cause fear or alarm to the public or induce any crime, as outlined under relevant sections of the Indian Penal Code.
The Court also cited Pillai’s position as Goa’s Governor, granting him immunity from criminal proceedings under Article 361 of the Indian Constitution, which shields the President and Governors from legal action during their term of office.
In its judgment, the Court reiterated that criticism of judicial decisions is a constitutional right, provided it is reasonable and fair, as affirmed by a previous Supreme Court ruling on freedom of expression.
