The Madras High Court on Tuesday, August 30, refused to quash 11 cases registered against former Bharatiya Janata Party (BJP) MLA H Raja for making disparaging remarks against Dravidian ideologue Periyar, former Dravida Munnetra Kazhagam (DMK) Chief Minister M Karunanidhi, DMK MP Kanimozhi, officials of the Hindu Religious and Charitable Endowments (HR&CE) and their wives.The Court noted that H Raja has the tendency to make “irresponsible and damaging comments'' and gave the example of a Thirukkural (short couplets written by Tamil poet Thiruvalluvar) on the need to watch one’s tongue to avoid facing troubles.
Justice N Anand Venkatesh, who was hearing H Raja’s petition, said that him being a senior member in a national party has many followers who might be influenced by his words. According to The Hindu, the judge also said that despite his large influence, he had three cases filed on him for a derogatory tweet against Periyar in 2018.
Observing the significance of Periyar in Tamil Nadu’s history and politics, Anand Venkatesh said, “Every other political party in the state traces their ideology to Periyar. He is virtually seen as a demigod who is worshipped by Tamils who support rational thinking. It is true that a person is entitled to differ from the ideologies and thoughts of Periyar but the question is how far should such an opinion be expressed.”
The judge also noted how criticism of ideology should not cross the line and become defamatory which can incite violence. He maintained that H Raja’s tweet on Periyar crossed a line and was “prima facie capable of causing disturbance to public order.” Anand Venkatesh then ordered a joint trial of three cases against H Raja before a special court for cases against MPs and MLAs in Chennai and directed that the trial be completed within three months after charges have been framed.
The Hindu reported that a similar order was passed against the BJP leader for his 2018 tweet on Karunanidhi and his daughter Kanimozhi. The judge also took “strong exception” to a speech given by H Raja during Ganesh Chaturthi celebrations in 2018 where he made scandalous remarks about HR&CE officials and their wives which led to seven First Information Reports (FIRs) being registered against him in the state. Anand Venkatesh ordered a joint trial of these seven cases before the MP/MLAs court in Chennai and directed that the trial be completed within three months after framing of charges.