MADURAI: The Madurai Bench of the Madras High Court has quashed an FIR registered against BJP leader Amit Malviya for allegedly distorting the comments made by Deputy Chief Minister Udhayanidhi Stalin on “Sanatana Dharma”, wondering why those initiating “hate speech” were allowed to go scot-free while those reacting to it had to face the law.
Allowing a criminal original petition filed by Malviya, the BJP’s IT Cell chief, seeking to quash the first information report, Justice S Srimathy said continuation of the case would amount to abuse of process of law. The judge said the comments of Udhayanidhi were tantamount to hate speech and held that questioning it was a reaction.
The case is over remarks by Stalin in 2023, calling for “eradication” of Sanatana Dharma, and Malviya’s reactions, claiming that it was like calling for a “genocide” of the 80 per cent of the population that followed Sanatana Dharma.
The court was of the view that Malviya’s remarks didn’t “distort” the DMK minister’s comments, which amounted to hate speech.
If the present proceedings continued, the petitioner would suffer irreparable harm and injury, and the court is of the considered opinion that the petitioner is entitled to quash the FIR. “This court, with pain, records the prevailing situation that the person who initiates the hate speech is let scot-free, but the persons who react to the hate speech are facing the wrath of the law. The courts are also questioning the persons who reacted, but are not initiating legal action against the person who initiated the hate speech. In the present case, no case has been filed against the minister for his hate speech in the state, but some cases have been filed in other states,” the judgment read.
The court, referring to the respondent, stated that renowned personalities, including Mahatma Gandhi and the late CM K Kamaraj, had opined against Sanatana Dharma, saying they only wanted certain practices dropped. Except for EV Ramasamy alias Periyar, none of these leaders had spoken against Sanatana Dharma. “The counter has stated incorrect information,” the judge observed.
The FIR was filed following a complaint by a Tiruchy-based DMK office-bearer, KAV Thinakaran. The DMK functionary alleged in his complaint that the petitioner distorted the speech.