SUPREME COURT OF INDIA
VIKRAM NATH AND SANDEEP MEHTA, JJ.
Rahamathulla – Appellant
Versus
The State Of Tamil Nadu And Others – Respondent
Writ Petition (Criminal) No. 132 of 2022 with Writ Petition (Crl.) No. 189 of 2022
Decided on : 22-04-2025
| Table of Content |
|---|
| 1. need for clubbing multiple firs for the same speech. (Para 2 , 3 , 4 , 5 , 6 , 10) |
| 2. details of firs relating to hate speech. (Para 7 , 8 , 9 , 16) |
| 3. challenge to registration of multiple firs. (Para 11 , 12 , 13) |
| 4. justification for multiple firs based on jurisdiction. (Para 14 , 15 , 17) |
| 5. decision to transfer and club trials. (Para 18 , 19 , 20 , 21 , 22) |
ORDER :
1. Heard.
2. The petitioners have filed the instant writ petitions under Article 32 of the Constitution of India seeking a direction for clubbing of the multiple FIRs/criminal cases registered against the petitioners arising from the same set of facts and allegations.
3. The petitioner in Writ Petition (Crl.) No. 132 of 2022 seeks transfer of FIR No. 18 of 2022 registered at Vidhana Soudha Police Station, Bangalore City, Karnataka to Thallakulam Police Station, Madurai City, Tamil Nadu where another FIR bearing No. 223 of 2022 was registered in respect of the speech given by the petitioner on 17th March, 2022.
4. On the other hand, the petitioner in Writ Petition (Crl.) No. 189 of 2022 seeks transfer of FIR No. 18 of 2022 registered at Vidhana Soudha Police Station, Bangalore City, Karnataka to Adiramapattinam Police Station, Thanjavur, Tamil Nadu where another FIR bearing No. 189 of 2022 was registered in respect of the speech given by the petitioner on 17th March, 2022.
5. The factual matrix relevant for disposal of the writ petitions can be encompassed in a nutshell as below.
6. The petitioners herein being members of Tamil Nadu Thowheed Jamath made a public address in a protest/meeting held within the jurisdiction of the Thallakulam Police Station, Madurai City on 17th March, 2022. It is alleged that the said meeting was convened without seeking any permission. The speeches which the petitioners made were inflammatory and tantamounted to hate speech, with the potential to incite hatred, violence, and riots amongst the people in the name of religion. The petitioners spoke praising Afzal Guru, a terrorist who was the mastermind behind the attack made on the Indian Parliament. They also made remarks against the legal issues considered in the Ayodhya Ram Temple Judgment; the dress being worn by Hon'ble Chief Minister of Uttar Pradesh; the festivals being celebrated by Christians; the practice of Hindus in applying holy-ash to their bodies; the religious practice followed by the Sikhs keeping a sword with them and tried to link the same with the Hijab being worn by Muslim women. The petitioners also condemned the verdict given by the Karnataka High Court in the Hijab case and used unparliamentary language towards the Judges of the Supreme Court of India as well as the High Courts. It is alleged that the language used by the petitioners in the public address was unparliamentary and tended to undermine the dignity, honour and sanctity of the judiciary. It also had a propensity to undermine the democratic functioning of the Government of India. The speech incited hatred amongst the people as well as society at large. It is alleged that the petitioners spoke in a manner that created fear and also generated perception of life threat to the Judges.
7. Based on the above hate speech, Mr. Shanmuganathan, Sub-Inspector of Police, posted at Thallakulam Police Station, Madurai City, Tamil Nadu lodged a complaint at the said police station on which an FIR No. 223 of 2022 under Sections 153A, 505(1)(b), 505(1)(c), 505(2), 506(1) of the INDIAN PENAL CODE , 1860[For short, "IPC".] read with Section 109 IPC, came to be registered on 18th March, 2022 against the petitioner in Writ Petition (Crl.) No. 132 of 2022.
8. On the same day, FIR No. 189 of 2022 came to be registered on 18th March, 2022 at Adiramapattinam Police Station, Thanjavur, Tamil Nadu under Sections 153 , 153A, 504, 505(1)(b), and 505(2) of IPC against the petitioner in Writ Petition (Crl.) No. 189 of 2022.
9. A third FIR bearing Crime No. 18 of 2022 referring to the very same speech of the petitioners, came
Arnab Ranjan Goswami vs. Union of India and Others
Amish Devgan vs. Union of India & Ors.
The court emphasized the specific nature of the offenses under different State enactments and recent judgments in declining to grant the relief sought by the petitioner under Article 32 of the Consti....
Clubbing of FIRs – Multiplicity of proceedings will not be in larger public interest – Other offences not part of special enactments can also be tried by Special Court under concerned State legislati....
The court affirmed that multiple FIRs can be registered for distinct complaints arising from separate transactions, which do not constitute a violation of legal principles against multiple registrati....
Multiple FIRs arising from the same transaction are impermissible and must be consolidated for a fair investigation.
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