‘Researched opinions on religion not derogatory’

Holding that it is one thing to make reckless and derogatory remarks against religious beliefs and it is entirely another thing to express the opinion after reading the entire literature/ history of various characters who are revered as god or goddess in this society, Justice N Anand Venkatesh said, “Freedom of expression always gets challenged when it touches upon religious beliefs. But not every expression will qualify itself to bring disharmony between various sects or group.”

“This court has categorically held that there is always a presumption in favour of free speech and expression unless it falls within the domain of reasonable restrictions under Article 19(2) of the Constitution”, the judge added.

During the hearing, senior counsel S Prabakaran appearing for Kalyanaraman submitted that the entire reading of the content would show his understanding of the entire history of Prophet Mohammed and has not per se abused or made slanderous remarks about the Prophet.

Opposing the plea, the additional public prosecutor submitted that the petitioner had been already arrested for such offence and was let out on bail after he undertook not to post such messages in social media.

However, he is continuously involving in such activities and thereby endangering peace and harmony in the society, the prosecutor added.

However, Justice Venkatesh in his order held, “a careful reading of the entire article that has been published by the petitioner only reveals the understanding of this petitioner about the history of Prophet Mohammed. This petitioner has not straight away made any derogatory remarks against the Prophet. He has only expressed the way he had understood the history about the Prophet and his family.”