Madras High Court says AIADMK MP C.Ve. Shanmugam used “unparliamentary” language against T.N. Chief Minister Stalin

The Madras High Court on Tuesday (August 13, 2024) criticised All India Anna Dravida Munnetra Kazhagam (AIADMK) MP in the Rajya Sabha, C.Ve. Shanmugam, for his use of “unparliamentary” language against Tamil Nadu Chief Minister M.K. Stalin and others. The court, however, quashed the case against him in this matter, as the police had registered it under the wrong provisions of law.

The Madras High Court on Tuesday (August 13, 2024) criticised All India Anna Dravida Munnetra Kazhagam (AIADMK) MP in the Rajya Sabha, C.Ve. Shanmugam, for his use of “unparliamentary” language against Tamil Nadu Chief Minister M.K. Stalin and others. The court, however, quashed the case against him in this matter, as the police had registered it under the wrong provisions of law.

Justice G. Jayachandran said, “No doubt, the utterance is not to the standard of a person who represents citizens in Parliament. Such utterance may attract other offences under the Indian Penal Code (IPC) but not Sections 153A, 504, 505(1)(b), 506(1), which relate to the maintenance of public peace, tranquillity, and harmony between communities.”

The judge further said, “In the case on hand, the petitioner herein ... had made certain utterances relating to alleged inaction and lapses on the part of the government in general, in which he had used certain words that are unparliamentary, though he is a sitting Member of Parliament. However, the utterance, in no way, attracts the offences for which the First Information Report (FIR) had been registered.”

On August 27, 2022, the Rajya Sabha MP had participated in a token fast organised by his party cadre near the Mahatma Gandhi Statue at Tindivanam in Villupuram district. The fast had been organised to condemn the State government for establishing a ₹1,602-crore desalination plant to address the drinking water needs of the residents in the district.

On October 6, 2022, a member of the Dravida Munnetra Kazhagam (DMK), T.G. Rajasakthi, lodged a complaint with the Tindivanam Police accusing the AIADMK MP, as well as former MLA N. Murugumaran, of having used derogatory language against the Chief Minister, Higher Education Minister K. Ponmudy, and Minorities Welfare Minister ‘Gingee’ K.S. Masthan while addressing the participants in the fast.

The police had registered the FIR based on the complaint lodged after 40 days since the speeches were made. Though no untoward incident had been reported in the meantime between the cadres of the DMK and AIADMK, the police had registered the case on the charges of promoting enmity, causing disturbance to maintaining harmony, and provoking breach of peace.

“It makes no sense,” the judge said while quashing the FIR against Mr. Shanmugam.