The Madurai Bench of the Madras High Court has quashed a criminal case against a law student over a Facebook post calling for breaking a statue of EVR Periyar near the Srirangam Temple [Barani Dharan Vs State of Tamil Nadu].
The Court held that no offence was made out as the post did not lead to any unrest.
Justice R Vijayakumar said the post was only an expression of opinion. It did not promote enmity between groups and no untoward incident followed the post.
"As per Facebook post of the petitioner, the petitioner has only expressed his views that such the said statue would affect the religious sentiments of Hindus. No untoward incidents has happened, pursuant to the said Face book post. The petitioner was studying law in Bangalore at the time of post. Now he has completed his studies and he is about to get enrolled. It is only an expression of opinion and cannot be considered to have promoted enmity between two groups," the Court held.
The case arose from a case registered at Srirangam Police Station. M Barani Dharan was booked under provisions relating to promoting enmity, intentional insult, and public mischief.
The prosecution said that Dharan, then a law student, posted on Facebook that the Periyar statue near the temple should be broken and removed. The post was alleged to have hurt sentiments of people.
During the hearing, the Court asked the petitioner to file an affidavit. Dharan said the post was unintentional. He said he realised his mistake and undertook not to repeat it.
He also told the Court that the case would affect his legal career. He had completed his law degree and was about to enrol as an advocate, it was submitted.
The Court noted the affidavit and the facts. It found that the post only expressed a view and did not meet the threshold for offences relating to enmity.
The Court also noted that no law and order issue arose from the post.
It held that continuing the prosecution would serve no useful purpose.
Hence, the FIR was quashed.
The petitioner was represented by advocate Aayiram K Selvakumar.
The State was represented by Government Advocate (Criminal Side) B Thanga Aravindh.
[Read Judgment]