The Madras High Court has criticised the Tamil Nadu Police for “mechanically” closing a criminal case over a Facebook post that carried vulgar captions alongside an image of Lord Krishna stealing clothes from gopis. The Court directed the police to resume the investigation and file a final report within three months.
Justice K Murali Shankar, hearing a revision plea in P Paramasivan v. Inspector of Police, observed that depictions of religious figures must be handled with due sensitivity.
“Depicting Hindu Gods in a disrespectful manner, intentionally hurting the sentiments of millions, cannot be justified. Such actions have the potential to spark enmity, religious outrage, social disorder, and undermine communal harmony. Given the deep-rooted respect for religious symbols and deities, disrespect can lead to social unrest and hurt a large section of society. Therefore, it is crucial to approach such depictions with sensitivity. The Government must ensure that freedom of expression does not translate into hurting religious feelings,” the August 4 ruling stated.
The post, allegedly uploaded from an account belonging to one Sathish Kumar, included two Tamil comments, one of which claimed that Krishna Jayanti celebrated “a man who stole the clothes of bathing women.”
A complaint was filed by P Paramasivan, who alleged that the post was intended to defame Hindu gods and harm the image of Hindu women, besides potentially creating religious enmity. Police registered a case but later filed a negative final report, classifying it as “undetected” after claiming they could not obtain user details from Facebook.
Meta, which owns Facebook, had replied that a Mutual Legal Assistance Treaty (MLAT) request or letter rogatory was required for such data. In March, the trial court accepted the police’s closure report while giving the complainant liberty to file a private complaint.
Challenging the closure, Paramasivan approached the High Court, which found fault with the police’s limited investigation.
“Despite the seriousness of the allegations, the respondent police handled the case casually, halting the investigation and closing it as ‘undetected’. Given these circumstances, this Court finds it necessary to direct the respondent to continue and complete the investigation within a stipulated period,” the judge said.
The Court noted that the Facebook page in question already contained personal details that could have been verified to trace the user.
“The investigation was not pursued diligently, and the final report appears to have been filed mechanically,” it observed.
Justice Shankar also remarked that the Krishna-gopis episode is considered a symbolic tale with varied interpretations, including that it was a test of the gopis’ devotion beyond worldly attachments.
“This story highlights the importance of spiritual pursuit and detachment,” he noted, adding that he was not analysing the story’s significance but found that “the Facebook post in question has clearly exceeded acceptable limits of free speech.”
Advocate S Saravanan appeared for the petitioner, while Government Advocate (criminal side) M Aasha represented the State.
(With inputs from Bar and Bench)
Subscribe to our channels on Telegram, WhatsApp, and Instagram and get the best stories of the day delivered to you personally.
