CHENNAI: A public interest litigation (PIL) petition has been filed in the Madras High Court, seeking a direction to the director general of police to put in place certain safeguards against prosecuting political leaders, activists, journalists, and citizens for airing criticism on social media and public fora.
Petitioner H Syed Alim, an advocate, noted the recent arrests of Vilathikulam DMK MLA G V Markandayan and the party’s IT wing activists, Anbanandam and Vinoth Suriya Kumar, who faced police action for making certain allegations and comments against the ruling dispensation. He said the police register FIRs under pressure from their political bosses without checking the maintainability of such complaints or the locus standi of the complainants.
The petitioner prayed for a direction to the DGP to take a reasoned decision on issuing a police standing order or circular prescribing “uniform administrative safeguards” for police stations, cybercrime units, and investigation officers while receiving, registering and investigating complaints arising from social media posts, political criticism, satire, and online speech.
“The necessity of such safeguards has arisen in the view of the increasing initiation of criminal proceedings in matters concerning speech and expression,” he said.
He said the police shall ensure that the ingredients of the alleged offences, the circumstances of the speech and the constitutional protection are considered at the threshold.
