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‘Not Hate Speech’: Madras High Court Quashes Case Against VCK Chief Thirumavalavan Over Alleged Anti-Hindu Remarks, Cites Delay And Lack Of Sanction

Not Hate Speech: Madras High Court Quashes Case Against VCK Chief Thirumavalavan, Cites Delay And Lack Of Sanction

The Madras High Court has quashed a criminal case filed against Thol. Thirumavalavan, leader of the Viduthalai Chiruthaigal Katchi (VCK), which alleged that he made derogatory remarks against Hindus.

The case stemmed from a speech delivered by Thirumavalavan in November 2019 at an event organised by the women’s wing of the Viduthalai Chiruthaigal Katchi at Kamban Kalaiarangam in Puducherry. A complaint had been filed by CN Kannan, general secretary of the Hindu Munnani, alleging that the speech hurt Hindu sentiments and amounted to hate speech.

Based on the complaint, Puducherry police registered a case against Thirumavalavan, and proceedings were pending before the Chief Judicial Magistrate Court in Puducherry.

Challenging the case, Thirumavalavan filed a petition before the Madras High Court seeking its quashing.

During the hearing, Justice Jagadish Chandra observed that the speech was made in the context of criticising the Sanatana Dharma as being against education and did not constitute hate speech. The court also noted that the offences invoked carried a maximum punishment of three years.

The court further observed that the chargesheet had been filed after a delay of six years and that the required sanction to prosecute had not been properly obtained.

Taking these factors into account, the High Court allowed the petition and ordered that the case against Thirumavalavan be quashed.

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