Today, the single-headed bench of Justice N. Anand Venkatesh of the Madras High Court has refused to quash a criminal proceedings against former MLA S. Ve. Shekher, in a defamation case.

The Court in its orders emphasized the need for responsible social media usage and the potential consequences of forwarding derogatory messages.

Case Brief -

In the said matter, Shekher made a derogatory comment on his Facebook account on April 19, 2018. The comment, which was highly offensive and directed towards women journalists, circulated widely, leading to public outrage and demonstrations.

Thereafter, the former MLA removed the comment and issued an apology. However, several complaints were filed against him, resulting in criminal proceedings.

During the hearings, the court acknowledged Shekher’s claim that he had received and forwarded the message without fully reading its contents. Nonetheless, Justice Venkatesh stressed the importance of social responsibility when using social media platforms.

The bench mentiioned that messages sent or forwarded have a significant impact and can spread rapidly, making it crucial for individuals, particularly those with influence, to exercise caution.

The court observed that Shekher’s stature as a former legislator and his substantial number of Facebook followers added to his responsibility in communicating with the public. Justice Venkatesh stated, “The more a person is popular in society, he also carries more responsibility in what he conveys to the society.”

The court found prima facie evidence of offenses under various sections of the Indian Penal Code, including intentional insult, inciting offense against a community, and outraging the modesty of a woman. It emphasized that the apology tendered by Shekher after the incident did not absolve him of the consequences for forwarding the derogatory message.