Madras High Court refuses to close suo motu case against K Ponmudi for remarks on Hindu sects

The Madras High Court on Tuesday decided to keep pending its suo motu case against former Tamil Nadu Minister of Forests K Ponmudi for reportedly reciting a lewd joke that referred to the tilaks of Shaivites and Vaishnavites (Hindu sects).

This, despite the State police's decision to close various complaints filed so far in the matter.

Justice P Velmurugan lamented that politicians think they have unrestricted rights to free speech. People are not allowed to say anything just because they are in power, he added.

"Nowadays, all politicians, all persons making public speeches...they think Article 19 gives them absolute rights...that only sky is the limit. Court cannot simply be a silent spectator...There are reasonable restrictions...There are several sects, religious communities...They should think about it, when they are in public life...They must understand that they are living democratic country, it is for every citizen, not just any particular citizen...146 crore people are living in this country. Everyone taking a mic in public must understand...A strong message should go. So many things are being said, as if they (politicians) are the kings of this country. Whatever they say, (they think) they can do no wrong. Court cannot watch these things silently," the judge said.

Representing the Dravida Munnetra Kazhagam (DMK) led State government, Advocate General (AG) PS Raman told the Bench today that the police had examined the complaints filed against Ponmudi and observed that the Minister had simply repeated something that was said decades earlier.

Over 120 complaints filed in the matter have been closed, the AG said. He added that the complainants who wish to still pursue action against Ponmudi have remedies to invoke, such as approaching superior police authorities.

"Let them invoke...Meanwhile, we will keep it (suo motu case) pending, (and see) what will happen (if superior officers are approached). Court wants to vigilantly watch," Justice Velmurugan said.

The judge also warned that all complainants must be duly informed about the closure of their complaints. If any complainant later alleges that he was not informed about the status of his complaint, the Court will come down on the State heavily, he added.

The Court further expressed reservations about the manner in which the complaints were closed.

"There is a difference between preliminary inquiry (prior to registering FIR), which deals with whether the incident took place, and the investigation that take place during investigation of FIR...They (police) can't write the judgment in the preliminary inquiry itself. He (investigating officer) can't say it is not hate speech (at the stage of preliminary inquiry)...Can he say only the original, not subsequent speaker can be punished?"

The Court eventually adjourned the matter till August 1.

"We'll watch it...I want to know what is happening in this country...We can't close it," Justice Velmurugan said.

The controversial remarks were made by Ponmudi during an April 8 meeting organised by Thanthai Periyar Dravida Kazhagam (TPDK).

Ponmudi is reported to have recited a story in which a prostitute asked a man if he were a Shaivite or Vaishnavite, before telling him how much she expected to be paid for her services. Ponmudi reportedly added that the prostitute said that her rates would depend on sexual positions, which was tied to whether he drew his tilak horizontally or vertically (denoting that he is either a Shaivite or a Vaishnavite).

Amid uproar over these remarks, Ponmudi was removed from his post of DMK deputy general secretary.

Justice Anand Venkatesh later called for the registration of a suo motu criminal writ petition against Ponmudi, after condemning the Minister for his comments.

"The continued inaction and hesitation of Tamil Nadu Police (in acting on complaints against Ponmudi's speech) is most distressing and unfortunate," Justice Venkatesh added at the time.

[Read Live Coverage]