Kerala Pradesh Congress Committee (KPCC) member N. Subramanian has approached the Kerala High Court challenging the criminal proceedings initiated against him for a Facebook post allegedly linking Chief Minister Pinarayi Vijayan with Unnikrishnan Potty, the prime accused in the Sabarimala gold theft case.
The prosecution alleges that on December 25, 2025, at around 8 p.m., Subramanian shared a photograph of the Chief Minister and Unnikrishnan Potty, along with a caption suggesting a connection between them.
Sections Invoked Against the Petitioner
Subramanian has been booked under:
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Section 192 of the Bharatiya Nyaya Sanhita (wantonly giving provocation with intent to cause riot), and
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Section 120(o) of the Kerala Police Act, 2011 (causing nuisance and violation of public order).
Alleged Illegal Arrest & Custody
In his plea, Subramanian claims that around 25 police officers arrived at his residence in the early hours of December 27 and took him into custody without disclosing the grounds of arrest.
He has further alleged that:
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He was not permitted to take his morning medication,
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He did not resist the arrest, and
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The conduct of the police indicated they were acting on the instructions of “higher-ups.”
It was only at the police station, after inquiries by Congress workers, that the reason for his detention was disclosed.
Mobile Phone Seizure
The petitioner later appeared before the police as directed and admitted to making the Facebook post, after which his mobile phone was seized and retained for over ten days before being returned.
He has challenged both the arrest and seizure as illegal and violative of his constitutional rights.
Free Speech & Selective Prosecution Claim
Subramanian has asserted that the impugned post was made in exercise of his right to political criticism and dissent, adding that:
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Several others, including BJP leader Rajeev Chandrasekhar and media platforms, shared similar posts, but
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No action was initiated against them, pointing to selective and discriminatory prosecution.
Strong Stand on Democratic Criticism
The plea states:
“A Chief Minister is not immune from criticism. Public office-holders are subject to constant scrutiny, and criticism of their actions and associations—particularly through social media—is a legitimate democratic mechanism.”
It further argues that the law does not compel citizens to show respect to political office-holders and that criticism cannot constitute a criminal offence.
Reliefs Sought
The petitioner has sought:
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Quashing of the FIR and all further proceedings,
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A declaration that his arrest and seizure of his mobile phone were unconstitutional, and
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Compensation from the State for violation of his fundamental rights.
Court Proceedings
When the matter came up before Justice K. Babu, the Special Government Pleader sought time for instructions and submitted that no final report would be filed before February 2, 2026.
The matter is listed for further consideration on Monday.
Case Details
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Case No.: WP(Crl.) No. 111/2026
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Title: N. Subramanian v. State of Kerala & Ors.
