Madras HC junks Seeman's plea in Rajiv Gandhi remarks case, says 'none should take advantage of Article 19'
Justice P Velmurugan directed the NTK chief to face trial in the case booked for his alleged controversial speech during the Vikravandi byelection campaign, dismissing his criminal revision petition.
Madras High Court (MHC)
CHENNAI: No one should take advantage of Article 19 of the Constitution–which grants citizens the right to freely express their thoughts, opinions, and ideas–observed the Madras High Court and dismissed NTK chief coordinator Seeman’s petition challenging the case filed against him for controversial remarks on the assassination of former Prime Minister Rajiv Gandhi.
Justice P Velmurugan directed the NTK chief to face trial in the case booked for his alleged controversial speech during the Vikravandi byelection campaign, dismissing his criminal revision petition.
Furthermore, the judge also rejected the request of Seeman to dispense with his appearance before the trial court and observed that “if he appeared in the court, then only he will know what he had spoken”.
Advocate V Ramamoorthy appeared for Seeman and submitted that the prosecution didn’t make a prima facie case on the alleged offence. So, it won’t attract section 153 of IPC, he argued and sought to set aside the order of the trial court dismissing Seeman’s discharge petition.
Additional public prosecutor
E Raj Tilak submitted that only based on the prima facie material submited by the prosecution, the trial court dismissed Seeman’s discharge petition. So, he sought to dismiss the criminal revision plea.
After hearing the submissions, the judge held that there was prima facie material in the case and refused to set aside the trial court order. Further, the judge asked Seeman’s counsel to advise him not to speak in such a way that hurt others’ sentiments and provokes people. “No one can hurt another’s sentiment on the ground of freedom of speech. there should be reasonable restrictions,” opined the judge.
On November 14, 2019, Villupuram north district secretary of Indian National Congress, Ramesh, lodged a complaint against Seeman in Kanjanur police station seeking to arrest the NTK leader as an accused of Rajiv Gandhi’s assassination.
He said that during the 2019 Vikravandi bypoll campaign at Nemur, Villupuram, Seeman made the controversial remarks.
