The court emphasized that the news item did not disclose any offence of defamation or creating hatred between communities, and the respondent was not guilty of wilful disobedience of the court order.

This contempt petition arose out of an order passed by this Court in Crl.O.P.No.3616 of 2012 dated 16.03.2012. Notice was issued to the respondent. The learned Public Prosecutor circulated a counter affidavit filed by the respondent.

2. The original criminal petition arose under the following circumstances:- The Dina Malar, a Tamil newspaper published a news item in its edition dated 29.01.2012. If translated freely it had the following caption:-

"Vanniyars are becoming Goundars" - To increase their life style yet another idea!

In the news item, it was stated that in the northern districts of Tamil Nadu, Vanniyars have a vote bank. In the Namakkal district, the Vanniyars are calling themselves as Nattu Goundars. But, in the western Tamil Nadu, starting from Sangagiri in Salem to Coimbatore District, it is predominantly dominated by Kongu Vellala Goundars. Within the Vanniyar Community, there are 102 sub-castes such as Padayachi, Gounder, Varma, Nayakkar etc. and normally, they are called as Vanniya Kula Kshatriyas. Similar names are also found in the community certificates issued by the Government. Due to poverty, there were times they also involved themselves in anti-social activities. Nowadays, due to development in civilisation, they are advancing themselves in the society. Many persons, through politics, have developed themselves as well as their family and are also occupying high echelons in Government jobs, Trade, Commerce and Politics. Even though they have upgraded themselves in the society, they have got a name amongst the people of other communities that Vanniars involve in clashes and riots and therefore, people of other communities do not want to have any dealing with the people of Vanniyar Community. Several Vanniars who have attained a developed stage in the society, with the intention that their trade should not get affected, are introducing themselves as Gounders in the society. This culture has been fast-spreading for the last 5 years. Besides, though, for the sake of politics, they are calling themselves as Vanniyars, amongst the people of their community, they feel that it is a matter of pride to be called as Gounders. Several people who are originally Vanniyars have also started to convert themselves as Kongu Vellala Gounders. Though they claim that this change is only to wipe out the wrong impression about them in the society, this has created a repel between the Vanniyar and Gounder communities.

When asked for his reaction, an office-bearer of Vanniyar Sangam has stated that in the northern districts of Tamil Nadu, among Vanniyars, there are 102 sub-divisions and depending upon districts, place and practice, they have different names; one such sub-caste is Gounder; it is only the people of that sub-caste who call themselves as Gounders; the people in other sub-divisions of the Vanniyar community do not prefer conversion and a true Vanniyar would not like such a conversion also.

3. Aggrieved by the news item, the petitioner, claiming to be a practicing Advocate at Chennai gave a complaint to the Inspector of Police, High Court Police Station on 30.01.2012. It is stated by him that the publisher and the Editor who are responsible for the news item published in the newspaper have committed offence under Section 153A, 153-B, 499, 500, 501 and 502 IPC. On receipt of the complaint, an acknowledgment was given in C.S.R. dated 30.01.2012.

4. Since no FIR was filed, the petitioner filed Criminal Original Petition under Section 482 Cr.P.C. before this Court being Crl.O.P.No.3616 of 2012. When the matter came up on 16.03.2012, after hearing the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), in paragraph 3, this Court passed the following the order :-

"3. Considering the related facts and circumstances of the case, and on perusal of the averments made in the petition, this Court directs the respondent police, to register the case based on the complaint of the petitioner d