Madras High Court stays hate speech case against BJP leader K Annamalai

The Madras High Court on Monday stayed proceedings against BJP leader K Annamalai in a criminal case over his remarks on freedom fighter Muthuramalingam Thevar [K Annamalai Vs Piyush].

Justice Nirmal Kumar passed the order on a plea filed by Annamalai challenging a Salem court's order taking cognisance of a private complaint filed against the BJP leader.

The case arose from speech by Annamalai in which he referred to a 1956 incident at the Madurai Meenakshi Amman Temple. He allegedly claimed that Thevar had warned of a “blood abhishekam” if non-believers clashed with believers.

The complainant by a person called Piyush in 2023 said this claim was false. He argued that the remarks could provoke enmity between believers and non-believers.

He also said the remarks could disturb public tranquillity.

The Salem Magistrate examined a video of the speech and held that the remarks made by Annamalai were not casual in nature.

The Magistrate said the remarks could promote enmity between groups and could create fear and hostility in society.

The Court noted that Annamalai is a public figure and has a higher duty to maintain communal harmony.

Hence, Magistrate took cognisance of offences under Sections 153A (hate speech) and 505 (statements conducing public mischief) of Indian Penal Code and issued summons to Annamalai.

He then approached the High Court against the same.

The High Court on Monday stayed the proceedings before the trial court.