On Tuesday, the Supreme Court declined to dismiss several criminal cases filed against Bharatiya Janata Party (BJP) leader H Raja concerning his comments regarding social activist Periyar and women.
Justices Hrishikesh Roy and Prashant Kumar Mishra, presiding over the case, highlighted their apprehension regarding the standard of political discourse. They underscored the importance for politicians to exercise caution and responsibility in their statements.
Last year, Madras High Court declined to dismiss any of the 11 first information reports (FIRs) filed against Bharatiya Janata Party (BJP) leader H Raja in various locations across Tamil Nadu.
Consequently, this decision prompted an immediate appeal to the Supreme Court.
H Raja faced charges for purportedly making derogatory comments about Dravidian ideologue Periyar, former Tamil Nadu Chief Minister Karunanidhi, Dravida Munnetra Kazhagam (DMK) leader Kanimozhi, as well as various officials of the Hindu Religious and Charitable Endowments (HR&CE) Department and their spouses. These remarks were allegedly made during a public address and through posts on social media in 2018.
Justice N Anand Venkatesh, serving as a single judge, declined to accept Raja's explanation that he made the remarks due to being in a state of distress at the time.
Instead, Justice Venkatesh reminded Raja of his status as a public figure, emphasizing that despite any personal distress, he was expected to maintain a level of decorum in his language and conduct.
The High Court further remarked that it had determined the comments directed at Periyar to be tantamount to "hovering around hate speech," while those targeting women were deemed "highly defamatory, scandalous," and derogatory, with the potential to adversely affect society and incite disturbances across the State.
However, Justice Venkatesh directed that all seven cases, where Raja was accused of making disparaging remarks against women, be consolidated and transferred for a unified trial to the special court for Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) in Srivilliputhur district, Tamil Nadu.
The judge also stipulated that the trial for the remaining four cases related to Raja's comments against Periyar and other political leaders, encompassing three FIRs filed in Erode district and one in Chennai, be consolidated and conducted jointly by the special court in Chennai.
Senior Advocate Dama Seshadri Naidu appeared for H Raja.
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