Madras High Court initiates suo motu case against DMK Minister Ponmudi over obscene remarks insulting Hindu sects

The Madras High Court on Wednesday ordered the registration of a suo motu writ petition against Tamil Nadu Minister of Forests K Ponmudi over his recent remarks that drew parallels between the tilaks of Shaivites and Vaishnavites (Hindu sects denoting devotees of Lord Shiva and Lord Vishnu, respectively) and sexual positions offered by a prostitute. .Justice N Anand Venkatesh has also ordered the Registry to place the suo motu case before the Chief Justice to decide on the further course of action on the administrative side. The Court had taken serious note of the issue on April 17, after an extract of the video containing Ponmudi's remarks was played in open court. .Today, the Court noted that although several complaints were received in the matter, the Tamil Nadu Police had opined that no offence was made out. The Court disagreed, opining,"Prima facie, it was evident that the video (with Ponmudi's remarks) demeans the moral worth of sex workers particularly women, and was calculated to subvert harmony and peace of religious groups and various sects.. Apart from being obscene, the speech also undoubtedly wounds the religious feelings of the Shaivites and Vaishnavites and is aimed at insulting the Hindu religion and religious feelings of these religious groups...These comments on the face of it are completely derogatory of women and deliberately spews venom and hatred on the two main sects of Hinduism, namely Shaivism and Vaishnavism...Prima facie, the acts of the Minister (Ponmudi) appears to constitute hate speech and attract the ingredients of offences under Sections 79, 196 (1)(b), 296 (a), 299 and 302 of BNS," the Court said. .The controversial remarks were reportedly made by Ponmudi during an April 8 meeting organised by Thanthai Periyar Dravida Kazhagam (TPDK). In its order today, the Court recorded an English translation of the Minister's remarks. The Court recounted that Ponmudi 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 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 Dravida Munnetra Kazhagam (DMK) deputy general secretary..Justice Venkatesh today joined in condemning Ponmudi's remarks, after noting that the Minister was seen sniggering and chuckling while making these comments."Symbols (of Vaishnavites and Shaivites) have a sacred spiritual significance. The available clip that was played in the court shows that the Minister has now likened these sacred religious symbols with sexual positions offered by a prostitute," the judge said. .He added that the Court has a duty to ensure that the Tamil Nadu Police obeys directions issued by the Supreme Court to tackle hate speech cases in letter and spirit. The police cannot simply perform lip service in these matters, Justice Venkatesh said. "The continued inaction and hesitation of Tamil Nadu Police (in acting on complaints against Ponmudi's speech) is most distressing and unfortunate," the Court observed..The Court further noted that Ponmudi has already been convicted and sentenced to jail in a corruption case. The conviction and sentence in this case was suspended by an interim order of the Supreme Court, Justice Venkatesh further noted. The judge proceeded to opine that Ponmudi has misused this liberty."He (Ponmudi) owes his position as a minister and enjoys liberty by virtue of Supreme Court's interim order. He has misused his liberty by making this highly derogatory hate speech," he said. .Meanwhile, the Court's critical remarks and its order today were strongly opposed by Senior Advocates Vikas Singh and P Wilson.Singh pointed out that the remarks were made in a closed-door meeting and that a truncated video clip was circulated. He added that Ponmudi had already apologised for the remarks heard in a truncated video clip. Wilson, who represented the Tamil Nadu Police, pointed out that the Madurai Bench of the Madras High Court has already dismissed petitions seeking action against Ponmudi. He further argued that the video clip given to the Court on Ponmudi's remarks was only an excerpt, and that this was deliberately done to prejudice the judge's mind. "Who gave your lordship (the video clip), they have not given entire thing, they have prejudiced lordship’s mind," he said. Justice Venkatesh, however, maintained that the remarks were vulgar nevertheless. .[Read Live Coverage]