The Madras High Court has ruled that Tamil Nadu BJP State Secretary A. Ashvathaman is not required to submit an apology to receive anticipatory bail for a case initiated by the Nagore police on 23 July 2024.
High Court Justice T.V. Tamilselvi initially granted bail but required Aswathaman to sign the bail papers and submit an apology affidavit. Ashvathaman challenged this condition, arguing that being compelled to submit apology without a trial was unjust. After reviewing his petition, the High Court waived the apology requirement.
பா.ஜ.க நிர்வாகிக்கு உயர் நீதிமன்றம் கிரீன் சிக்னல்@asuvathaman | #Ashvathaman | #BJP | #TamilJanam | #tnbjp | #chennaihc pic.twitter.com/AOQ9lvkLOe
— Tamil Janam (@TamilJanam_TV) September 10, 2024
The case was initiated by the Nagore VAO against Ashvathaman on the grounds of public disturbance and inciting religious hatred. This action follows Ashvathaman’s involvement in a memorial event for Thangammal, the wife of Hindu activist T. Muthukrishnan, who was killed in a parcel bomb blast on 3 July 1995 in what was then the Nagai Qaid-e-Milleth district. The event was held on 7 July 2024.
In this regard, Ashvathaman submitted a petition to the High Court requesting anticipatory bail. Justice T.V. Tamilselvi heard the case on 29 July 2024. During the proceedings, the police argued that Ashvathaman had been making inflammatory speeches, and thus, anticipatory bail should not be granted. They requested additional time to provide a detailed response.
Following this plea, the judge postponed the hearing to 1 August 2024 and issued a temporary injunction preventing Ashvathaman’s arrest until then.
Background
A 1995 report from India Today and a Rajya Sabha debate highlighted Tamil Nadu’s declining reputation due to a series of violent incidents. The tragedy involved a parcel bomb that killed Thangammal, who was opening a Ramayana book when the bomb exploded. The attack, aimed at her husband, T. Muthukrishnan, a leader of the Hindu Munnani organization, resulted in her death and injuries to her daughters. The blast was part of a disturbing trend of violence in the region, including previous attacks involving RSS and Hindu Munnani offices and other bombings.
Every year, a memorial event is held to honour Thangammal’s death, but recently, the DMK government obstructed these gatherings. Last year, the authorities arrested several attendees and barred them from participating. This year, despite initially denying permission, the BJP secured approval through legal channels. However, as anticipated, the DMK police filed an urgent FIR at 8:00 PM on 23 July 2024 against those who spoke at the event held on 7 July 2024.
The FIR noted: “I (Deva Kumar) am working as the Village Administrative Officer in Nagapattinam District, including Nagore, I report that on July 7, 2024, a public meeting was held to commemorate the 29th anniversary of Thangammal, the wife of Tanga Muthu Krishnan, on Nagore Main Road, near Kamakshi Amman Templeon that day from 17.10 pm to 20.44 pm on the said public meeting platform. 1. Thanga Muthukrishna – Activist from Nagore, 2. Bala – State General Secretary, Hindu Makkal Katchi Anuman Sena 3. Vijay Krishna – State Spokesperson, Shiv Sena, 4. Kannadasan – Lawyer, 5.Subramaniyan M. R. – Member, Cauvery Farmers Association, 6. Prabhu R. D. – State President, Hindu Munanni 7. Rajaguru – State President, Hindu Athiradipadai, 8. Ashvathaman – State Secretary, Bharatiya Janata Party (BJP) 9. Selvam V. K – Organization Secretary, Hindu Makkal Katchi. During the meeting, these individuals reportedly referred to Muslims as terrorists, labelled the Muslim religion as divisive, and made statements that disturbed public peace, offended religious sentiments, and incited hatred between Hindus and Muslims. Their remarks also included criticism of alleged dereliction of duty. Therefore, I request that appropriate legal action be taken against those who spoke in a manner that fosters religious animosity.”
The plaintiff’s complaint was registered under sections 196, 299, 353(1), 353(2), and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023, on 23 July 2024, following receipt of the petition.
Regarding this matter, Hindu organizations, including those led by Thanga Muthukrishnan, stated that the police report identified the bomb parcel in Thangammal’s murder as being sent by Muslim terrorists. They argued that mentioning Abu Bakr Siddique, a suspect in the case, as a Muslim extremist and discussing this on public platforms was aligned with the police’s findings. Ashwathaman also reiterated these points in court but the police have labelled such statements as stirring religious sentiments.
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