2019 Supreme(Mad) 2142

IN THE HIGH COURT OF MADRAS
N. Anand Venkatesh, J.
G. Thirumurugan Gandhi - Appellant
Vs.
State Rep - Respondent
Criminal Original Petition No. 30026 of 2018, 30029 of 2018, 30031 of 2018, 30032 of 2018, 30033 of 2018, 30226 of 2018, 30232 of 2018, 30235 of 2018; Criminal Miscellaneous Petition No. 17648 of 2018, 17451 of 2018, 17453 of 2018, 17656 of 2018, 17657 of 2018, 17758 of 2018, 17762 of 2018, 17765 of 2018
Decided On : 09-07-2019

Headnote:

Indian Penal Code - Section 124, 153, 504, 505 and 353 – Criminal Procedure Code - Section 482 – Jurisdiction - Quashing the FIRs - Found prima facie evidence resulting - Senior Advocate appearing on behalf of petitioner submitted that petitioner is the Co-coordinator of May-2017 organization which strives to protect welfare and interest of Tamil minorities physically challenged and downtrodden section of Society - Learned Senior Advocate further submitted that Tamil Nadu Police is resorting to witch hunting petitioner by registering false cases against petitioner whenever petitioner raises public issues and questions Government on their Policies which goes against the interest of State and the people of Tamil Nadu and thereby is throttling freedom of speech and expression of petitioner - He further submitted that even if allegations made against petitioner in each FIR is taken as it is, no offence is made out under Section 124, 153, 504, 505 and 353 IPC – Held, Any leader or a speaker who takes to public platform or expresses through a social media must bear it in mind that Constitution of India does not permit hate speech in name of freedom of speech and expression - Hate speeches create discord amongst various ethnic and religious communities. Any speech which disrespects another citizen on grounds of religion, race, place of birth, residence, language caste or community, is forbidden and becomes punishable under Indian Penal Code and various other laws responsibility attached to free speech should not be forgotten - \Speeches made by the petitioner and offending portions extracted herein above, is pregnant with hate spewed against a particular community which is attacked in a vituperative, opprobrious and slanderous manner petitioner is repeatedly attempting to portray as if Tamil Nadu does not belong to India and that every organ is attempting to destroy this State. He has also used the choicest of words against High Court and Supreme Court. claim made by petitioner is that he is running an organization to protect the welfare and interest of this State speeches made by petitioner are no where near these avowed objects - Speeches made by the petitioner and extracted supra will certainly promote a feeling of enmity, hatred and ill-will between different religious groups and communities - It also has the shades of fissiparous and separatist tendencies which will seriously affect the unity of the nation and will have an impact on growth and development of this State. petitioner must understand that these hate speeches will in no way help or protect the welfare and interest of this State. Spewing venom against a particular community is not going to help down trodden come up in the Society and become a part of the main stream - On other hand, it will only sow the seeds of hatred among communities - People want to progress and come up in life and certainly the speeches made by the petitioner will not in any way contribute towards the same – Petition dismissed