The proceedings before the trial court against Tamil Nadu BJP Leader Annamalai have been stayed by the Supreme Court today, following the issuance of a notice. This action comes in response to alleged remarks made by Annamalai in a YouTube interview against a Christian Missionary NGO, which had approached the Apex Court seeking a ban on firecrackers.

Justice Sanjiv Khanna, took note of the translated remarks and said, "It is not hate speech... it will not be." This statement came as the Court issued notice, making it clear that the comments in question did not qualify as hate speech. The Madras High Court had earlier refused to quash criminal proceedings against Annamalai, emphasizing the psychological impact of statements made by popular leaders on the targeted group.

The bench, comprising Justice Sanjiv Khanna and Justice Dipankar Datta, issued the notice returnable in the week commencing 29th April 2024. Simultaneously, the Court ordered a stay on further proceedings before the trial court based on their attention being drawn to the translation of the remarks.

Annamalai's legal representation, led by Senior Advocate Siddharth Luthra and Advocate J Sai Deepak, argued that the statements made by Annamalai were expressions of anguish. The BJP leader pointed out that the interview took place in 2022, and the complaint was filed approximately 400 days later, during which no untoward incidents occurred based on his speech.

The High Court's observation centered on the interpretation of Section 153A and Section 505(1)(b) of the IPC. To establish an offense under Section 153A, the court considered whether the words spoken or written aimed to promote disharmony or feelings of enmity, hatred, or ill-will between different religious groups or communities, likely to disturb public tranquility.

The High Court found that Annamalai's statements prima facie satisfied the elements of the offense. It noted, "It is clear from the above discussion that there exists a prima facie intent to create hatred towards a particular religion." The court highlighted the impact of such statements made by a person of stature, acknowledging their psychological impact on the targeted group.

The case stems from a YouTube interview where Annamalai identified a Christian Missionary NGO as the entity that approached the Supreme Court seeking a ban on firecrackers. Subsequently, a complaint was filed, leading to criminal proceedings against him. The stay granted by the Supreme Court halts further action until the matter is fully examined, offering a reprieve for Annamalai in the interim. 

Case: K.Annamalai vs. V.Piyush.