Tamil Nadu Catholic priest Father George Ponnaiah who wanted the FIR that was filed against for using offensive words against ‘Bharat Mata’ and ‘Bhumi Devi’ suffered a setback when the Madras High Court has refused to quash the FIR as the court observed that offensive words used fall under Section 295A of the IPC, reports Live Law.
The Madras HC bench of GR Swaminathan was hearing pastor George Ponnaiah’s who was charged under various sections including 143, 153A, 269, 295A, 505(2), 506(1) of IPC and Section 3 of Epidemic Diseases Act, 1897 for making derogatory remarks against ‘Bharat Mata’, Hindu religious beliefs, PM Narendra Modi and HM Amit Shah, during a meeting at Arumanai on July 18, 2021.
Offensive Words Against 'Bharat Mata' & 'Bhuma Devi' Attract Offence Under Section 295A IPC : Madras High Court Refuses To Quash FIR Against Catholic Priest https://t.co/z7bmHNBo7F
— Live Law (@LiveLawIndia) January 7, 2022
George Ponnaiah who hails from Kanyakumari had moved the Madurai Bench of Madras High Court in August last year, seeking bail and also tried to quash the FIR registered against him.
However, Justice GR Swaminathan observed that the offensive words used against “Bharat Mata” and “Bhumi Devi” attract the offence of hurting religious sentiments under Section 295A of the Indian Penal. Thus, quashing the plea, the Madras HC observed: “The petitioner poked fun at those who walk barefoot out of reverence for Mother Earth. He stated that Christians wear shoes so that they won’t catch sources of infection and filth. Nothing can be more outrageous to the feelings of the believing Hindus”.
Justice GR Swaminathan added: “Bharat Mata evokes a deeply emotional veneration in a very large number of Hindus. She is often portrayed carrying the national flag and riding a lion. She is, to many Hindus, a Goddess in her own right. By referring to Bharat Mata and Bhumi Devi in the most offensive terms, the petitioner has prima facie committed offence under 295A of the IPC.”
In his defence, Ponnaiah said that he was only making religious criticism which the court dismissed and observed that his speech was punishable under Section 153A of the IPC for promoting communal disharmony.
Justice Swaminathan said, “a reading of the petitioner’s speech as a whole does not leave anyone in doubt. His target is the Hindu community. He is putting them on one side and the Christians and Muslims on the other. He is clearly pitting one group against the other. The distinction is made solely on the ground of religion. The petitioner repeatedly demeans the Hindu community”.
Speaking at a function jointly organized by Christians and Islamists at a church in Arumanai municipality, Kanyakumari district, Pastor George Ponnaiya said,” No Hindu will vote for them(DMK) no matter how many temples the Minister of HR&CE Sekhar Babu visits and performs Kumbabishegam, or how many temples he visits and worships without wearing clothing. Neither Mandaikaadu Amman temple worshipers nor Hindu votes helped the DMK win. DMK won by begging Christians and Muslims. DMK should not forget this. You did not win because of your talent.”
He further said that he had already told DMK MLA Prince that it was because of Christian Pastor’s direction and Pentecostal staff’s door-to-door campaign DMK won.
He continued, “We informed DMK Kanya Kumari district secretary Suresh Rajan that we will campaign in Nagercoil during a meeting in Nagercoil. However, he declined since it would unite Hindu votes against the DMK. As a result, BJP’s MR Gandhi won the election.”
He even warned Hindus saying, “we (minorities) were 42% once and now we are 62% of the total population in Kanyakumari. Soon, our population will cross 70%. We will continue to increase our population and no one can stop it. We tell this as a warning to Hindus. We do not fear BJP or RSS. You cannot stop us. “
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