ORDER:

This Criminal Petition is filed by the petitioner/Accused under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’), to quash the proceedings against him in FIR No.105 of 2020 on the file of Nampally Police Station, Hyderabad. The offences alleged against the petitioner are under Section 3(1)(u) of the SC/STs (POA) Act, 1989 and section 7(1)(d) of the Protection of Civil Right Act, 1955.

2. The petitioner, who is a poet, has approached this Court as it was alleged that the poem rendered by him promotes untouchability and instigates non Scheduled Caste people to practice untouchability.

3. The poem rendered by the petitioner and its English translation are extracted below:

“పనదన బ్హ ర

న మటమ

Brahmin traditions which were considered to be useless has become a crown to the mankind today.

దసమ యన సంపయ

మరణ త ం రమ

The traditions which were called as stubbornness, being fussy, or silly, have become a route to avoid death.

తలద మన తత ం ధర ం

శ న ప్ణయ

The philosophy and the ‘dharma’ which was sought to be burnt, has become a savior to the world.

ర ర రండటన

ట అపమృ మంతమ

The word ‘Distance Distance and Distance’ has become the ‘mantra’ (strong belief of any spiritual power) to avoid accidental death.

సకలశ కలమ

రతశ సంస ృ పభల్ పకటమ

The procedures of all the countries have failed. The greatness of Indian culture has been found to be correct.

కక ఇకన బ్హ ల్ కర

పరమగ బడయ !

So, now Brahmins should open their eyes and should live the highest order of sacred path.

ఇల న ర గలదటం

గర గ ద ర శ !

Our knowledge should become the defence to this earth, which I proudly claim.”

4. The 2^nd respondent, on the basis of the poem, has filed a complaint alleging that:

“The poem written and read by him contains menace information, message and direction to people in India to restore practice of untouchability and follow stipulated rules of Dharmashastras much like Manu Dharmashastras. He further proposed in that poem to entire human community of entire world to practice such above said inhuman practice. I belong to Scheduled Caste community. His poem caused grave mental agony to me. His poem aimed to develop hatred on people like us. ………………………………….. The essence of the poem written and read by Mr.Jonnavithula Ramalingeswara Rao has a malicious intention inciting hatred on Scheduled Caste community and down trodden people in India. He deliberately made an attempt to promote enmity and ill feelings against Scheduled Caste people. His poem clearly preached upper caste people to practice of abstaining social relations with Scheduled Castes people. In order to prevent the spread of COVID-19 the Humble Governments has directed all the citizens to maintain distance with each other, which is must, reasonable, inevitable and it is proposed as a precautionary measure. But Mr.Jonnavithula Ramalingeswara Rao has written the said poem informing particular castes to abstain social relations with particular castes and preached them that the time has ripened to restore such discriminatory practices. Any how the words physical/social distance (though these words not suit to Indian context) using by the Government to fight the pandemic COVID-19 virus is no way equal to words of Dharmashastras used for practice of untouchability in the form of abstaining social relations in between castes. …………………..Through his poem, Mr.Jonnavithula Ramalingeswara Rao made all efforts and attempts to give re-birth to the discriminatory caste practices & untouchability and directed the Brahmins to bring the same in Indian society……………………………… His entire poem abets the Brahmins to restore practices like untouchability in strict sense as laid in Manu Dharmashastras. The poem read by him and spread it visually in social media falls under an act of intentional insult with intent to humiliate members of a Scheduled Castes or a Scheduled Tribes within public view. The entire poem read