Madras High Court Quashes Case Against Accused Over Alleged Provocative Remarks
Last Updated on January 30, 2025 by Shianjany Pradhan
The Madras High Court has quashed a criminal case against an accused for making statements against the former Tamil Nadu Finance Minister, ruling that while the remarks were reprehensible, they did not constitute an offence under Sections 504 and 505(2) IPC.
Justice N. Anand Venkatesh observed that expressing grievances about the treatment of a particular religion does not amount to promoting enmity under Section 505(2) IPC.
The petitioner, in a YouTube interview, had criticized the Hindu Religious and Charitable Endowments (HR&CE) Department, arguing that Hindu temple properties should be managed like those of other religious groups.
The complaint, filed by a political party office-bearer, alleged that the petitioner’s remarks defamed the former minister and incited communal discord.
However, the Court held that the statements, at most, amounted to defamation, which required separate legal action, and did not satisfy the legal requirements under Sections 504 and 505(2) IPC.
Criticizing the lower court’s lack of scrutiny, the High Court exercised its powers under Section 482 CrPC to quash the proceedings, stating that allowing the case to continue would amount to an abuse of the legal process.
