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‘Politicians believe they are kings’: HC slams TN police over closing complaints against Ponmudi
Justice P Velmurugan reminded Ponmudi, who resigned from the cabinet following the outrage over his remarks, that politicians were not above the law
Political leaders wrongly believe they are the kings who can do no wrong, the Madras high court remarked on Tuesday as it criticised former Tamil Nadu minister K Ponmudi for “misusing” free speech and questioned the state police’s decision to close over 120 complaints against the DMK leader for his alleged vulgar comments about women, and Hindu sects Shaivites and Vaishnavites.
A single bench of justice P Velmurugan reminded Ponmudi, who had to resign from the cabinet on April 27 following the outrage over his remarks, that politicians were not above the law. The court also decided to keep pending its suo motu proceedings against the leader.
“Nowadays, all politicians, all persons making public speeches think Article 19 gives them absolute rights...that only sky is the limit. Court cannot simply be a silent spectator. There are reasonable restrictions. There are several sects, religious communities...they (public figures) should think about it, when they are in public life,” the judge remarked.
“…A strong message should go. So many things are being said, as if they (politicians) are the kings of this country. Whatever they say, they think they can do no wrong. The Court cannot watch these things silently,” the judge added.
Justice Velmurugan made the observations after advocate general PS Raman, appearing for the Tamil Nadu government, told the court that the state police had examined over 120 complaints registered against Ponmudi following his comments. The police concluded that the former minister had not committed any offence but had merely “repeated something that had been said decades ago.” Therefore, the police had decided to “close all complaints” against Ponmudi in the case, Raman told the court.
During an event on April 8 this year, Ponmudi had recited a joke linking the religious forehead markings of Shaivites and Vaishnavites to sexual positions, provoking widespread outrage. The joke also referenced a sex worker, drawing further condemnation.
Soon after, justice N Anand Venkatesh of the high court initiated suo motu proceedings and directed the police to register an FIR against Ponmudi. Justice Venkatesh had noted that Ponmudi’s comments were “prima facie hate speech, derogatory to women, and offensive to religious communities.”
On Tuesday, Justice Velmurugan questioned the legality of the closure of complaints at the stage of preliminary inquiry, saying police cannot decide whether the speech amounts to hate speech “without a formal investigation.”
The judge cautioned the police that if all the original complainants in the case were not informed about the closure of their cases, the court will act strictly against the state.
“We will keep the suo motu case pending. You will have to get acknowledgements from the complainants for closing their complaints. If any person comes and says they have not been served with notice before closing, this court will come down heavily,” justice Velmurugan said, listing the matter for further hearing on August 1.
Ponmudi, who was removed by the DMK as the party deputy general secretary following his remarks and later dropped from the cabinet, had previously admitted to making the remarks but maintained he had just narrated a widely known anecdote.
Justice Venkatesh, however, remarked at the time: “These comments spew venom on Hindu sects and demean the moral worth of women,” adding that they may attract multiple provisions of the Bharatiya Nyaya Sanhita (BNS).
