Madras High Court quashes hate speech case against VCK Chief Thol Thirumavalavan

The Madras High Court on April 29 quashed a hate speech case filed against Viduthalai Chiruthaigal Katchi (VCK) founder and Member of Parliament Thol Thirumavalavan over a speech delivered in Puducherry in 2019 [Thol Thirumavalavan Vs State].

Justice AD Jagadish Chandira quashed the final report (chargesheet) filed against Thirumavalavan on the case.

The case arose from a complaint alleging that Thirumavalavan had delivered hate speech on November 9, 2019, at Kamban Kaviyarangam in Puducherry.

According to reports from the time, the speech was delivered at a VCK event opposing a Sanatana-based education policy.

Hindu Munnani functionaries later filed complaints alleging that Thirumavalavan had made remarks insulting Hindu deities and hurting Hindu religious sentiments.

The complainant in the case before the Court alleged that the speech was made with a deliberate and malicious intention to outrage the religious feelings of Hindus.

Based on the complaint, a First Information Report (FIR) was initially registered by the Perambalur Police for offences under Sections 153B (comments prejudicial to national integration), 295A (outraging religious feelings), 298 (wounding religious feelings) and 504 (insult to provoke breach of peace) of the Indian Penal Code.

After investigation, the police filed a final report before the Chief Judicial Magistrate Court, Puducherry. Thirumavalavan then moved the High Court seeking to quash the proceedings.

The High Court noted that the maximum punishment for the offences alleged ranged from one year to three years.

It held that under Section 468(2)(c) of the Code of Criminal Procedure, the final report ought to have been filed within three years from the date of registration of the FIR.

However, the Court found that the final report was filed only on October 30, 2025, beyond the prescribed limitation period.

The Public Prosecutor for Puducherry also admitted this position before the Court.

The Court further noted that no prior sanction under Section 196(1A) of the CrPC had been obtained before filing the case against Thirumavalavan, which is required before a court can take cognisance of an offence under Section 153B of the IPC.

“Ergo, on the aforesaid grounds, the impugned proceedings is liable to be quashed and it is accordingly quashed in its entirety,” the High Court held.

It, therefore, allowed Thirumavalavan's petition to quash the criminal proceedings against him.

Advocate S Deepika appeared for Thirumavalavan.

Public Prosecutor M V Ramachandra Murthy and Advocate Thamizhmani, appeared for the Puducherry Police.

[Read Judgment]