Madras HC seeks DGP’s response on guidelines for handling online speech complaints

CHENNAI: The Madras High Court has directed the Director General of Police (DGP) to respond within two weeks to a petition seeking uniform safeguards for police while handling complaints relating to social media posts, political criticism, satire and online speech.

A Division Bench comprising Chief Justice SA Dharmadhikari and Justice G. Arul Murugan has directed the DGP to respond to a petition within two weeks.

The petition was filed by advocate H Syed Alim, seeking a direction to the DGP to issue a Police Standing Order or circular prescribing uniform safeguards for police stations, cybercrime units and investigating officers while dealing with such complaints.

The petitioner said the plea was necessitated by the increasing registration of criminal cases against citizens, journalists, political commentators, activists and social media users for expressing criticism, satire and political opinions online. He cited recent cases registered against DMK MLA GV Markandeyan, DMK’s Anbanathan and Vinoth Suriya Kumar over remarks made during public speeches.

He contended that the police often registered cases and made arrests without verifying whether the complainants were legally aggrieved by the alleged expressions or examining the legal maintainability of the complaints. He further alleged that the police, under pressure from influential politicians and amid political rivalry, were using arrests and inquiries to harass individuals under the guise of investigation.

The petitioner argued that such arbitrary exercise of State power violated Articles 14 and 21 of the Constitution and affected the freedom of speech and expression guaranteed under Article 19(1)(a).

He sought a uniform procedure requiring careful scrutiny of complaints involving political speech and social media expression before taking coercive action, without affecting the police’s duty to register and investigate cognisable offences.

During the hearing, Additional Public Prosecutor Arun Anbumani informed the court that two similar petitions were pending before a single judge. He also said the State had begun the process of issuing an SOP, which would take several aspects into consideration.