Madras High Courts refuses to quash 11 FIRs against BJP's H Raja for remarks against Periyar, DMK leaders

The Madras High Court has refused to quash any of the 11 first information reports (FIRs) registered across Tamil Nadu against Bharatiya Janata Party (BJP) leader H Raja for allegedly having made “disparaging” remarks against Dravidian ideologue Periyar, late TN Chief Minister Karunanidhi, DMK MP Kanimozhi, and several officials of the Hindu Religious and Charitable Endowments (HR&CE) Department and their wives in a public speech and through social media posts in 2018..In an order passed on August 29, Justice N Anand Venkatesh refused to accept Raja’s explanation that he had made such comments as he had been under much anguish at the time. Justice Venkatesh instead reminded Raja that he was a public figure and thus expected to mind his language even when feeling anguished..“When a person expresses his anguish and such a person also happens to be a public figure, every word that is uttered matters. The expression of anguish should not result in making reprehensible and scandalous remarks against Others,” Justice Venkatesh said..The judge went to say that he had gone through the alleged objectionable comments made by Raja and that he had found his comments against Periyar actually “hovered around hate speech” and that his comments against women were “highly defamatory, scandalous” and demeaning.Raja’s comments could have a negative impact on the society and create disturbance across the State, the Court held while refusing to grant relief to the former BJP MLA..“It is true that a person is entitled to differ from the ideologies and thoughts of Periyar. Pursuant to the same, it can also be expressed since such a freedom is guaranteed under Article 19 (1)(a) of the Constitution of India. The question is how far such an opinion should be expressed. The constitution itself provides for limitation under Article 19(2) and it cannot cross the line and become indecent or defamatory which will have the propensity to incite violence. This Court has to take judicial notice of the fact that whenever the statues of Periyar are attempted to be defiled, it causes a lot of disturbance and sometimes it also leads to violence. This important aspect must be kept in mind, while deciding the case in hand,” the Court said..Justice Venkatesh, however, directed that all seven cases where Raja had been booked for having made disparaging remarks against women, be clubbed together and transferred for a joint trial to the special court for MPs and MLAs in Srivilliputhur district, Tamil Nadu.The judge further said that the trial for the remaining four cases that pertain to Raja’s comments against Periyar and other political leaders - three FIRs for which were registered in Erode district and one in Chennai - be held together by the special court in Chennai..Advocate RC Paul Kanagraj and PJ Anitha appeared for Raja.Additional Public Prosecutor M Babu Muthu Meeran appeared for the respondent TN government..[Read Order]