Holding that the social media post against Tamil Nadu chief minister C Joseph Vijay had crossed the limits of permissible political criticism and “affected the conscience of society,” the Madras High Court on Monday said it was not inclined to grant anticipatory bail to Dravida Munnetra Kazhagam (DMK) ‘Gen Z’ wing coordinator A Anbanantham in a case over an allegedly derogatory Instagram post targeting Vijay, his family, and a film actor.
Following the court’s remarks, Anbanantham withdrew his anticipatory bail petition that had come up for hearing before single judge, Justice C Kumarappan.
During the hearing, Justice Kumarappan observed that the Instagram post was “not a harmless one and that the petitioner seemed to believe he could say anything on social media under the guise of free speech”.
“This post affects the conscience of the society. He (petitioner) has taken it as a carte blanche,” Just Kumarappan said.
The judge added that he was not inclined to grant Anbanantham relief even if he were to file an affidavit apologising for the post and undertake not to make such remarks in the future.
A first information report (FIR) against Anbanantham was registered by the police in Krishnagiri district on June 23 following a complaint by a Tamilaga Vettri Kazhagam (TVK) functionary.
According to the complaint, Anbanantham uploaded an objectionable video on Instagram containing disparaging remarks against the CM while also making references to the latter’s wife, son, and a film actor.
{{/usCountry}}According to the complaint, Anbanantham uploaded an objectionable video on Instagram containing disparaging remarks against the CM while also making references to the latter’s wife, son, and a film actor.
{{/usCountry}}The complainant, M Moorthy, submitted a pen drive containing the videos before the police and sought action.
The police subsequently booked Anbanantham for the offences of criminal intimidation, uttering words and for a gesture or act intended to insult the modesty of a woman, intentional insult, and intent to provoke under the Bharatiya Nyaya Sanhita (BNS).
Before moving the high court, Anbanantham had sought anticipatory bail from principal district and sessions court in Krishnagiri. The sessions court however, rejected his plea on June 29 after the prosecution argued that he was in the habit of gaining “cheap publicity” by circulating vulgar content through his social media accounts.
Rejecting the plea, the sessions court observed at the time that while the government could not suppress an individual’s right to free speech, political criticism could not extend to personal attacks on an individual’s private life.
“This court is conscious of the fact that the government cannot act in a manner that suppresses an individual’s freedom of speech. At the same time, while any individual has the authority to question the government for its actions, they have no authority to question a person for their private actions. Criticising someone personally about their private life does not amount to criticising the government,” the sessions court had said.