Madras High Court stays cognisance order against DMK leader K Ponmudy in hate speech case

The Madras High Court on Thursday stayed a Chennai Magistrate court order taking cognisance of a hate speech complaint against DMK leader K Ponmudy and issuing summons to him [K Ponmudi Vs Uma Anandam].

Justice Jagadish Chandira passed the interim order staying proceedings arising from the February 23 order of the III Metropolitan Magistrate, George Town.

The case arose from a speech allegedly delivered by Ponmudy on April 6 at a DMK Youth Wing event in Chennai.

In the speech, Ponmudy narrated an anecdote involving a man visiting a sex worker who asks him whether he is a “Shaivite or Vaishnavite.” He then linked the horizontal and vertical tilaks associated with the two sects to sexual positions, suggesting that Shaivites “lie down” while Vaishnavites “stand up.”

The remarks triggered widespread outrage and were criticised as vulgar, misogynistic and insulting to Hindu religious sentiments

After the police filed a closure report, the complainant pursued a private complaint before the Magistrate.

The Magistrate observed that the alleged speech was available on a social media platform and that its existence was not in dispute. It held that the objections raised by the accused, including absence of sanction and lack of ingredients of the alleged offences, were matters for trial.

“Prima facie case is made out against Respondent,” the Magistrate held while taking cognisance.

Ponmudy moved the High Court against the same.

Taking note of the submissions, Justice Jagadish Chandira granted interim stay of the Magistrate’s order, effectively halting further proceedings, including the summons issued to the DMK leader.

The High Court is expected to examine issues raised by the accused, including the applicability of the provisions of Bharatiya Nyaya Sanhita (BNS) and the requirement of prior sanction for prosecution.

The matter will be taken up for further hearing on a date to be fixed by the High Court.