Derogatory speech by Ponmudy: Madras Excessive Courtroom orders notices to DGP, Chennai Commissioner of Police

Okay. Ponmudy. File
| Picture Credit score: The Hindu

The Madras Excessive Courtroom on Friday (June 13, 2025) ordered notices, returnable by June 25, to the Director Normal of Police/Head of Police Drive in addition to Higher Chennai Commissioner of Police on a suo motu writ petition taken up by the court docket for registration of a felony case towards former Minister Okay. Ponmudy of Dravida Munnetra Kazhagam (DMK) for his derogatory speech towards Saivites, Vaishnavites and ladies usually.

Justice P. Velmurugan additionally directed the Excessive Courtroom Registry to furnish to the 2 officers, the copies of an order handed by Justice N. Anand Venkatesh on April 23, 2025 for taking on the suo motu case. Pursuant to the order, the writ was numbered with the concurrence of Chief Justice Okay.R. Shriram and listed for listening to earlier than Justice Velmurugan since he holds the MP/MLA portfolio at current.

Tamil Nadu Ministers Senthilbalaji, Ponmudy stop after sturdy court docket remarks

Chief Minister M.Okay. Stalin had dropped Mr. Ponmudy from the Cupboard on April 27, 2025 pursuant to the speech delivered at a gathering organised by Thanthai Periyar Dravidar Kazhagam (TPDK) in Chennai on April 8, 2025. Justice Venkatesh had taken critical word of the difficulty on April 23, 2025 after video clips of the speech went viral on the social media and questioned how the police had not booked a case for hate speech.

In his April 23, 2025 order, the decide wrote: “These feedback, on the face of it, are fully derogatory of girls and intentionally spew venom and hatred on the 2 principal sects of Hinduism viz., Saivism and Vaishnavism.”

The decide went on to state: “As is maybe recognized, Saivites venerate Lord Shiva because the supreme being whose focus is on reaching liberation (Moksha) from the cycle of struggling. Vaishnavites, then again, are worshippers of Lord Vishnu in his numerous avatars, and take into account him because the supreme being amongst all Hindu deities. Saivism and Vaishnavism maintain a deep spiritual significance within the State of Tamil Nadu.”

“To many, the spiritual practices of those two sects type part of their creed,” the decide stated and noticed that the Minister, in his speech, ought to not have likened the Tiruman (three vertical traces sported by Vaishnavites on their brow) and Tripundra (the three horizontal traces sported by the Saivites on their brow) with the suggestive sexual postures by a intercourse employee.

“In Saivism, the horizontal traces on the brow is a sacred spiritual image depicting Lord Shiva’s three elements: creation, preservation and destruction. In Vaishnavism, the three traces are an emblem of a Vaishnavite’s devotion and dedication to the trail of righteousness (dharma) and non secular enlightenment… The obtainable clip performed within the court docket exhibits the Minister has likened these sacred spiritual symbols with sexual positions,” the order learn.

Justice Venkatesh additionally stated: “Prime facie, it’s evident that the video demeaned the ethical value of intercourse employees, notably ladies and was calculated to subvert the concord and peace of non secular teams and numerous sects. Other than being obscene, the speech additionally undoubtedly wounds the spiritual emotions of Vaishnavites and Saivites and is geared toward insulting the Hindu faith and non secular emotions of those spiritual teams.”

Additional, observing that the Minister had prima facie appeared to have delivered a hate speech, the decide stated, it will appeal to Sections 79, 196(1)(b), 296(a), 299 and 302 of the Bharatiya Nyaya Sanhita (BNS) of 2023. He additionally highlighted the Supreme Courtroom to have come down closely upon those that ship hate speeches and stated, the highest court docket had additionally directed the police to behave towards such people. by registering felony circumstances.

“The Minister had admitted to creating these derogatory feedback and had, in reality, been faraway from the put up of Deputy Normal Secretary of DMK. Nonetheless, the police equipment which is tasked with the job of tackling hate speech lay immobile… The continued inaction and hesitation of the police in registering an FIR for hate speech towards a Minister is most distressing and unlucky,” the order learn.

Justice Venkatesh had handed the order earlier than Mr. Ponmudy resigned from the Cupboard on April 27, 2025. Then, he had additionally directed the Registry to register a suo motu writ petition and place it earlier than the Chief Justice for applicable instructions on the executive aspect. For the reason that Excessive Courtroom was on summer season trip for your entire month of Could, the petition was listed for admission on Friday (June 13, 2025).