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Court said that if the State takes quick action against hate speeches by others, it should also act when one of its own Ministers gives such a speech
The Madras High Court on Thursday directed the Tamil Nadu police to register a First Information Report (FIR) against State Forest Minister K. Ponmudy for his derogatory remarks targeting Saivites, Vaishnavites, and women. Court warned that failure to do so could result in suo motu contempt proceedings.
Justice N. Anand Venkatesh, who is hearing a 2023 suo motu revision against Ponmudy’s acquittal in a disproportionate assets case, took serious note of the Minister’s recent public comments. The judge referred to a widely circulated video clip of the speech and questioned the delay in police action, even after formal complaints had been filed.
It does not behove a Minister to make such unsavoury comments, especially at a gathering with a considerable number of women, Justice Venkatesh told Advocate General P.S. Raman. The remarks were not a slip of the tongue — he made them fully conscious of their impact, the judge opined.
Justice Venkatesh rejected the Minister’s expression of regret, calling it an “admission of guilt,” and stressed that the police should have suo motu initiated criminal action given the public circulation of the video. Now that I’ve taken cognizance, I must get an answer by April 23. Register one FIR, pursue it properly, and proceed with the investigation, he directed.
When informed by the AG that complaints had already been filed, Justice Venkatesh asked if he could take it that an FIR will be registered. In fact, they have to. If they don’t, I will initiate suo motu contempt proceedings, he said.
He emphasized that the State cannot selectively act against hate speeches and must respond even when the offender is part of the government. Referring to the Supreme Court’s firm stance on hate speech, the judge reminded that Ponmudy is already under judicial scrutiny, with the top court having stayed his conviction in another disproportionate assets case.
Noting that the video was still circulating on social media, the judge remarked that it could flare up anytime. He cautioned against allowing the issue to escalate.
The matter will be listed again on April 23, by when the AG is expected to apprise the court of the police’s actions on the complaints against the Minister.
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