The Madras High Court on Friday told DMK’s Rajya Sabha MP and Organizing Secretary RS Bharathi that he should make responsible statements considering befitting of the position he holds. The court made the observation while reserving orders on the plea moved by CCB challenging RS Bharathi’s bail order granted by a subordinated court for the case registered against him under the SC/ST Act for his remarks against Scheduled Caste Community.
Speaking at an event in the DMK youth wing headquarters, in February of this year, the DMK MP had said it was due to the alms (picchai) given by the Dravidian Movement that persons from SC community became judges.
Justice N Sathish Kumar said to senior counsel R Shanmugasundaram “Being in a responsible position, he should make responsible statements. Kindly advise your client not to make any derogatory remarks against any group of people in the future”.
V Raghavachari, the counsel for Kalyana Sundaram of Adi Dravidar Tamizhar Katchi, the de-facto complainant in the case, submitted that the DMK MP was habitual in making derogatory remarks. “Earlier it was against Brahmins who constitute 5% of the population, now it is against the SC/ST community who form 26% of the population”, he said.
Mr. Raghavachari argued that RS Bharathi wasn’t a layman and that he is a member of the Rajya Sabha also a practising lawyer. The counsel noted that the SC/ST Act is a special legislation and the rule that “bail is a right and jail is an exception” would not apply to offences under the Act. He said that the power of investigating officer cannot be interdicted by court of law. Addition Public Prosecutor representing the CCB said that granting bail without giving an opportunity to the complainant would set a wrong precedent.
The court has reserved the orders on the plea without mentioning a date.