Chennai, The Madras High Court has quashed a private complaint filed against VCK leader Thol Thirumavalavan for his alleged hate speech against Indian women, more particularly Hindu women in an online conference held in 2020.
Justice P Velmurugan quashed the complaint in a recent order while allowing a petition filed by Thirumavalavan, also a Lok Sabha MP.
In his order, the judge said on a reading of the complaint, it was seen that the main allegation made by the respondent-de facto complainant was that the speech rendered by the petitioner was telecast on a Youtube channel, which amounts to being a hate speech against the Indian women, more so, the Hindu women.
The judge said on a reading of the entire material available on record, it was conspicuously clear that the petitioner had referred about the book "Manu Smriti". He has spoken about the same and therefore, this Court finds that the allegations made against the petitioner do not attract the offence that would be made out in IPC and Information Technology Act.
"In these circumstances, this Court finds that the petitioner has not committed any of the offence alleged against him, as referred to in the private complaint. Therefore, this Court finds that the complainant has not stated that after hearing the speech of the petitioner, they have referred to the book "Manu Smriti" and no where the contents of the book "Manu Smriti" could be culled out from his speech. He has spoken only in general parlance. Hence, in the absence of the same, on a reading of the affidavit filed along with this petition, it could be inferred that he had uttered such words as mentioned in the said book. What has been stated in the book "Manu Smriti" had been only made as his speech and in the facts and circumstances of this case, this Court does not find that any of the offences as alleged by the de facto complainant is made out, since prima facie, nothing is available on record to prosecute the complaint filed by the respondent herein", the judge added.
{{/usCountry}}"In these circumstances, this Court finds that the petitioner has not committed any of the offence alleged against him, as referred to in the private complaint. Therefore, this Court finds that the complainant has not stated that after hearing the speech of the petitioner, they have referred to the book "Manu Smriti" and no where the contents of the book "Manu Smriti" could be culled out from his speech. He has spoken only in general parlance. Hence, in the absence of the same, on a reading of the affidavit filed along with this petition, it could be inferred that he had uttered such words as mentioned in the said book. What has been stated in the book "Manu Smriti" had been only made as his speech and in the facts and circumstances of this case, this Court does not find that any of the offences as alleged by the de facto complainant is made out, since prima facie, nothing is available on record to prosecute the complaint filed by the respondent herein", the judge added.
{{/usCountry}}The judge said at this juncture, it has to be stated that there was no intention for the petitioner to commit any hate speech and was not affecting anyone and his speech was only in general parlance. "Hence, for the reasons stated above, this petition is allowed, quashing the private complaint on the file of the District Munsif-cum-Judicial Magistrate, Peraiyur, Madurai District", the judge added.
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