CHENNAI: The Madras High Court has quashed a criminal case against advocate and Dravidar Kazhagam member S Kumaradevan, holding that his 2016 speech, which ended with an appeal for unity, did not disclose any intention to divide people on communal lines and that the use of the phrase “Hindu terrorism” alone would not attract the offences invoked against him.
The court was hearing a petition filed by Kumaradevan of Chennai, seeking to quash a case registered against him by the Pulianthope police. According to the prosecution, Kumaradevan, a Dravidar Kazhagam member, addressed a National League Party public meeting on December 19, 2016, where he called for opposing “Hindu terrorism” and eliminating acts that divide people.
Following the speech, the police registered a case against him under Sections 153, 153A (1) (a) - (b), 504, 505 (1) (b) (c), and 505 (2) of the IPC, read with Sections 2 (o) and 13 (1) (b) of the Unlawful Activities (Prevention) Act, 1967.
Justice D Bharatha Chakravarthy observed that the speech ended with an appeal for people to remain united and could not be construed as an attempt to divide people on communal lines. The judge held that saying Hindu terrorism alone would not attract offences under Sections 153, 153A (inciting riot) or the other provisions invoked, as the words were not followed by any act on Kumaradevan’s part.
Noting that the allegations were based solely on the speech, that the case has been pending since 2017, and that continuing the proceedings would serve no useful purpose, the court held that compelling the petitioner to face trial would be oppressive, and quashed the case.