Madras High Court Refuses to Quash 11 FIRs Against BJP's H Raja for Derogatory Remarks
The Madras High Court has taken a firm stance by declining to dismiss the 11 first information reports (FIRs) filed across Tamil Nadu against H Raja, a prominent leader of the Bharatiya Janata Party (BJP). These FIRs were registered in relation to alleged "disparaging" comments he made about Dravidian ideologue Periyar, former Tamil Nadu Chief Minister Karunanidhi, DMK MP Kanimozhi, and various officials of the Hindu Religious and Charitable Endowments (HR&CE) Department, along with their spouses. These comments were reportedly made during a public speech and through social media posts back in 2018.
Justice N Anand Venkatesh, who delivered the verdict on August 29, rejected Raja's explanation that his comments were a result of his emotional turmoil at the time. Justice Venkatesh emphasized that being a public figure comes with the responsibility of using appropriate language, even when experiencing personal distress.
The court observed, "When a person expresses his anguish and such a person also happens to be a public figure, every word that is uttered matters. The expression of anguish should not result in making reprehensible and scandalous remarks against others." The judge further scrutinized Raja's comments, noting that his remarks directed towards Periyar were tantamount to "hovering around hate speech." Moreover, his comments targeting women were deemed "highly defamatory, scandalous, and demeaning."
The court underlined the potential negative impact of Raja's comments on society, warning that they could lead to disturbances across the state. In light of these findings, the court denied relief to the former BJP MLA.
Justice Venkatesh recognized that while differing opinions on Periyar's ideologies are permissible and protected under Article 19(1)(a) of the Indian Constitution, expressing these opinions must not cross the line into indecency or defamation, inciting violence. The court noted that defiling statues of Periyar often triggers significant disturbances and even violence.
In terms of legal action, Justice Venkatesh directed that seven cases involving Raja's disparaging remarks about women be consolidated and transferred for a joint trial to the special court for Members of Parliament (MPs) and Members of the Legislative Assembly (MLAs) in Srivilliputhur district, Tamil Nadu. Furthermore, the trial for the remaining four cases, which pertain to Raja's comments about Periyar and other political figures, will be consolidated and heard together by the special court in Chennai.
During the proceedings, Advocate RC Paul Kanagraj and PJ Anitha represented H Raja, while Additional Public Prosecutor M Babu Muthu Meeran appeared on behalf of the Tamil Nadu government. This judgment signifies the court's unwavering commitment to maintaining a balance between freedom of expression and the prevention of indecent and potentially violent discourse.
Click Here to: Download/View Related File
TAGS: Madras High Court quash FIRs BJP's H Raja remarks Periyar Karunanidhi Kanimozhi HR&CE Department public speech social media emotional turmoil public figure language hate speech defamatory scandalous demeaning negative impact society disturbance Article 19(1)(a) Constitution of India ideologies violence statues legal action consolidation joint trial special court MPs MLAs Srivilliputhur district Chennai Advocate Additional Public Prosecutor Tamil Nadu government freedom of expression balance.
