CHENNAI: The Madras High Court on Tuesday reserved orders on the bail plea filed by Vilathikulam MLA GV Markandayan in a case over his alleged derogatory and threatening remarks against Chief Minister Joseph Vijay, after hearing detailed submissions from both sides.
Justice GK Ilanthiraiyan reserved orders after hearing submissions from both sides.
According to the prosecution, the MLA allegedly used insulting language and issued criminal threats, including statements suggesting that the Chief Minister would be confronted inside the Legislative Assembly and physically harmed if certain actions were taken.
Following a complaint lodged by S Balasubramanian, district secretary of the Thoothukudi North TVK, the Thoothukudi police registered a case against Markandayan under Sections 351 (3), 352 and 353 (2) of the Bharatiya Nyaya Sanhita (BNS).
Meanwhile, Markandeyan moved the Madras High Court seeking bail. In his petition, he contended that the Thoothukudi police arrested him without issuing a notice under Section 35 (3) of the BNS and without affording him an opportunity to appear before the investigating officer.
Senior Counsel P Wilson, appearing for the petitioner, argued that the prosecution had not obtained the prosecutor's legal opinion before the arrest but only afterwards, indicating that the police arrested the MLA first and then built the case. He further submitted that merely expressing words without any intention to cause harm does not constitute an offence. The MLA had only made a speech in response to the Chief Minister's remarks, and there was no intention to commit any offence.
Wilson further argued that the opposition has a key role in pointing out the shortcomings of the government and that this was a fit case for the High Court to interfere.
Public Prosecutor John Sathyan argued that the MLA's speech was not confined to a closed gathering but was widely circulated across the State by members of his own party. He submitted that if no action was taken, it would encourage the petitioner to make similar statements in the future to gain popularity. He further contended that, with the Assembly scheduled to convene within the next couple of days, the police could not take any chances, and a prima facie offence was made out based on the complaint received.