CHENNAI: Holding that use of the “inappropriate” term “Hindu terrorism” will not amount to an offence of provocation with intent to cause rioting and causing enmity between different groups, the Madras High Court has quashed a case registered against an advocate and Dravidar Kazhagam leader for urging people to unite to resist “Hindu terrorists” who pressed for Uniform Civil Code.
The order was passed by Justice D Bharatha Chakravarthy recently while allowing the petition filed by S Kumaradevan praying for the court to quash an FIR registered by the Pulianthope police in 2017. The judge said, “He (petitioner) has only used the inappropriate word of Hindu terrorism and the same alone will not amount to an offence under sections 153 and 153 (1) of IPC or the other offences in this regard.” When the allegation is only a mere speech and is not accompanied by any other act on the part of the petitioner, the offences are “not made out”, he held.
Further, the judge pointed out, it must be seen that the occurrence was in 2017 and “we are now in 2026”. No useful purpose “will be served by conducting trial against the petitioner”.
The Pulianthope police registered the case in 2017 against Kumaradevan regarding a meeting organised by the Indian National League, wherein he said only “Hindu terrorists” were calling for a UCC and all the people should unite to resist the “Hindu terrorism”. He filed the petition in the HC in 2018 seeking quashing of the FIR. Referring to a division bench order on T Vetrithamilan Vs State, the judge noted that the current social milieu has to be taken into account while deciding whether the petitioner could have committed any of these offences or not.
Section 153 of IPC, under which he was booked, covers wantonly giving provocation with intent to cause riot.