Statements against theists on pedestal of Periyar’s statue are provocative, says Madras HC

The Madras High Court on Thursday (October 2, 2024) quashed a charge sheet filed by the Chennai Central Crime Branch police against film action choreographer ‘Kanal’ Kannan alias V. Kannan, 61, in a case for allegedly demanding the demolition of a statue of rationalist and Dravidian ideologue ‘Thanthai’ Periyar, located outside the Sri Ranganathaswamy Temple at Srirangam in Tiruchi district of Tamil Nadu.

The Madras High Court on Thursday (October 2, 2024) quashed a charge sheet filed by the Chennai Central Crime Branch police against film action choreographer ‘Kanal’ Kannan alias V. Kannan, 61, in a case booked for allegedly demanding the demolition of a statue of rationalist and Dravidian ideologue ‘Thanthai’ Periyar, located outside the Sri Ranganathaswamy Temple at Srirangam in Tiruchi district of Tamil Nadu.

Justice G. Jayachandran wrote: “It is the member of Thanthai Periyar Dravidar Kazhagam who has given the complaint. In fact, the display of provocative words, commenting about believers of God opposite to a Hindu temple, is the cause for the speech and the person who had provoked the speech cannot take advantage of their provocations and prosecute the petitioner for his reaction.”

The judge allowed the quash petition moved by Mr. Kannan and set aside the entire prosecution pending before a Metropolitan Magistrate court at Egmore in Chennai. The case was booked in 2022 and the petitioner was arrested immediately. Then, Justice G.K. Ilanthiraiyan granted him bail on the condition that the stunt master must file an affidavit undertaking not to make such provocative speeches in the future.

However, in his bail petition, the stunt master had argued there was nothing wrong with demanding the removal of the statute of the rationalist, located right outside a temple visited by lakhs of worshippers every day, along with “disparaging comments” about theists. He contended the police had arrested him instead of arresting those who had erected the statue in front of the temple.

Stating he was an office-bearer of the Hindu Munnani, Mr. Kannan said the speech was made at a public meet organised by the latter. While addressing the participants, he had said that Periyar’s statue outside the Sri Ranganathaswamy Temple should be demolished because it contained statements that all those who believe in God and offer worship were “fools and barbarians”.

“Sri Ranganathaswamy temple is a holy one where at least one lakh Hindus worship every day... The petitioner submits that he does not believe what he said was against any law of the country. On the other hand, the existence of the statue with those words is certainly an offence punishable under Sections 153 (promoting enmity between different groups), 505(1)(b) (disturbing public tranquillity) and 505(2) (promoting enmity between classes) of the Indian Penal Code,” he said.

The petitioner had further claimed that in recent days, many videos were being circulated on social media demeaning Hindu gods and the faith of the Hindus, but the police had not chosen to register cases against those individuals.