CHENNAI: Holding that the speech delivered at an indoor meeting by former minister and senior DMK leader K Ponmudy on April 4, 2025, wounded the religious feelings of Hindus, the Madras High Court on Thursday refused to quash a private complaint taken cognisance of by a city court.
Justice GK Ilanthiraiyan upheld the decision of the third metropolitan magistrate court in George Town, taking cognisance of the complaint filed by BJP councillor Uma Anandan against Ponmudy for his derogatory comments against women, Vaishnavites and Saivites.
Justice GK Ilanthiraiyan also directed that the trial on the complaint be completed in six months.
"In a perusal of the speech delivered by the accused, it is seen that he promoted hatred and ill will between atheists professing atheist ideology and persons belonging to the Hindu religion," the judge said.
He said the former minister delivered the offensive speech, implying an intention to strengthen and embolden followers of atheist ideology to make verbal attacks against the Hindu religion in a demeaning and obscene manner, without fear, by expressing hatred and ill will towards the Hindu religion.
The judge noted Ponmudy was fully aware of the consequences of his speech, particularly as a Member of the Legislative Assembly and a Minister in the Government, and that it would be widely circulated on social media.
“The speech of the accused reveals a deliberate intention to wound the religious beliefs of Hindus by using demeaning words and gestures depicting the customary practices of the Hindu religion obscenely, allegedly on account of his inability to propagate atheist ideology. Such speech caused emotional hurt and wounded the religious feelings of persons belonging to the Hindu religion,” Justice Ilanthiraiyan said in the order.
The judge said the offences under Sections 196(i) (a), 299, and 302 of the BNS- promoting disharmony, enmity, hatred or ill-will between different groups, deliberate and malicious acts intended to outrage the religious feelings, for uttering words or making gestures with deliberate intent would religious feelings, are clearly made out against the accused; accordingly, the trial Court rightly took cognizance and issued summons to the accused.
“This Court finds no illegality or infirmity in the order passed by the trial Court,” he said.
Referring to obtaining prior sanction under section 217 of BNSS before taking cognisance of the complaint, the judge said the trial was not required to await such sanction before proceeding with the complaint since the High Court had already directed the concerned persons to approach the judicial magistrates against the closure of complaints by the police.