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Synopsis

The Madras High Court has granted AIADMK's former MLA R. Kumaraguru time till October 11 to decide whether he will hold a public meeting at Mandaveli in Kallakurichi district to tender an apology for using offensive language against Chief Minister M.K. Stalin and Sports Minister Udhayanidhi Stalin during a previous event at the same location on September 19, 2023.

In the Ex-MLA's plea seeking protection from arrest, the single judge bench of Justice G. Jayachandran held that on perusing the FIR and the objectionable utterance alleged to have been made by him in the public meeting, it did not find any reason to grant such relief. 

"Having made objectionable utterance in the public meeting, secret communication on Twitter and WhatsApp is not proportionate act of regret", the bench underscored. 

The observation was referring to the submission of counsel of Kumaragur that after realising that unparliamentary expression had been used while referring the Chief Minister and his Son, who is also a Minister in Cabinet, he had conveyed his regret through Twitter and WhatsApp to them. 

On the basis of a compliant by Advocate C. Venkatachalam who is DMK’s Kallakurichi South union secretary, a case had been registered against Kumaragur for making defamatory and derogatory statements in a public meeting against the Chief Minister and Minister for Youth Welfare and Sports Development under Sections 153 (wantonly giving provocation with intent to cause riot), 294b (uttering obscene words) and 504 (intentional insult with intent to provoke breach of peace) of Indian Penal Code. 

Apprehending arrest, the former MLA sought anticipatory bail from the High Court.

However, the court's interim decision stressed the importance of a public apology at the same location. The matter has been adjourned to October 11, 2023, as Kumaraguru's counsel sought time to get instructions.

Case Title: R.KUMARAGURU, EX MLA VS. STATE