Beruflich Dokumente
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IN
RESERVED ON : 03.05.2018
PRONOUNCED ON : 10.05.2018
S. RAMATHILAGAM, J.
arrest at the hands of the respondent herein in connection with the case in
Crime No. 148 of 2018 registered for the alleged offences punishable
under Sections 504, 505(1) (c), 509 of IPC read with Section 4 of the Tamil
Editor and Director, Play Writer, Producer, Television - Film and Theatre
stated his job, his service to the society and his talents in the field of drama
and film making, and on the whole he has given a very big list regarding his
qualities and his position in the society and his attitude towards the public
that he has great respect for the Hon'ble Prime Minister of India and his
by way of probagating the great and noble ideas of our great leaders.
like Whats App, Facebook and Twitter strictly in constructive and healthy
way and he used to express his views with great discipline and decorum
Messenger, Twitter etc. and through medias even without any basic
soverignity, unity and integrity of our mother India, being a law abiding
citizen, he used to express his views and opinion in press and social
medias.
agreeing with the said opinion or views finds place in the said post. Simply,
19.4.2018, he has received a message from one Tirumalai Sa, who has
forwarded the message to him in his group, who used to forward patrotic
has received a message from the said Facebook account under the
bonafide impression and forwarded the said message without reading the
contents and knowing the nature of the said message as usual, which
resulted in over confidence. But, later it was pointed out by his friend that
the said content was abusive one and he has also felt that it is not
throwing huge stones, wooden and iron rods in the presence of police
people and the police personnel were also not in a position to control the
truth in it.
because of the registering of the case, under the above Section, he has
respondent at any point of time. His grievance is that he has very good
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are put to mental agony and humility and he has not committed any offence
alleged against him. Hence, the petitioner has sought for enlarging him in
Journalist, editors and social workers etc. and this Court is of the view to
allow all the intervening petitions and accordingly all the intervening
M.P. No.6874 of 2018, the petitioner states himself as the CEO of Tamil
Press Club. In Crl. M.P. No.6883 of 2018, the petitioner claims himself as
a law graduate enrolled before the Tamil Nadu Bar Council shortly and she
is the social activist following the principles of 'Thanthai Periyar' and the
Dinakaran. The petitioner in Crl. M.P. No.6896 of 2018 states that she is
as practicising Advocates before this Court and also social activist working
for the plight of welfare of the women. In Crl. M.P. No.6927 of 2018
the past several months and he is also the President of the Tamil News
Journalist has stated that many people have admired the working and
involvement of the women journalist in their field and young women are
joining in this profession. The 1st respondent with a crooked and ill
12. This petitioner further states that the posting of the first
The unruly posting about the women has very much hurt the feeling of the
the people. The petitioner also further states that the first respondent has
been continuously making such abusive words in all earlier incidents which
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were condemned and received objections from the people of all quarters of
the society.
14. This petitioner has also stated that the accused being a close
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associate of Mr.Banwarilal Purohit and being a party man and also closely
related to the Tamil Nadu Chief Secretary Girija Vaidyanathan. When the
occurence took place on 19.04.2018, 2nd respondent police did not take
action against him and only after protest by the public and by the press
15. In all the intervening petitions, the petitioners have stated the
exact posting of the accussed made in the Facebook and stated that the
sound anti-social back ground. The act involved in this issue is the one
derogating the female of this land, confined to their work ethics and further
16. It is also invaribly stated in all the intervening petitions that the
said Facebook post was blocked immediately before the lodging of the
post could never be accidental and the act of the petitioner herein is rightly
17. The other petitioner in his intervening petition has stated that the
18. The petitioner in one intervening petition being a lady has stated
that she cannot digest the wounds sustained through this post in the
Facebook. The accused being a Senior Citizen should know how to use
words when making any post about women. Hence, the action of the
strong opposition from the general public, he clearly deleted the same in
because of the blocking of the post the whereabouts of the original identity
20. The petitioner in another intervening petition has stated that the
act of the accused not only outraged the modesty of a women but the
influential person with money and man power and he will escape from the
sane person will host any such message which will affect the modesty of a
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accused has been quoted as " the women journalist obtained news from
22. In normal law, a person doing an illegal act and thereafter tender
this issue no proper action has been taken against the accused.
23. The petitioner in Crl. M.P. No.6883 of 2018 has stated that the
earlier in AIADMK party and now an active member of a political party viz.,
24. The other petitioner who represent himself as the State General
Secretary, All India Democratic Women's Association states that there are
so many emininent women who took part in the freedom movement and
whole to remove the gender bias to fight for democracy equal rights and
also states that the said posting of the Facebook is highly condemanable
deserves to be dealt with iron hand. The journalist have expressed the
views that it is cold blooded murder in broad day light. The women with
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and media. The act of the accused is a calculative mind to suppress the
women journalist, who show individuality and who expose injustice on the
rocks. Hence, all the intervening petitioners strongly objected for allowing
26. The learned counsel for the petitioner has argued that the
registered a case against him under Sections 504, 505 (1) (c), 509 of IPC
The argument advanced by the learned counsel for the petitioner is that the
complaint reveal no offence under Section 505 (1) (c) of the IPC and it is
individual has been forwarded by him and he is not its author and the
petitioner has not committed any of the offences alleged against him.
reading the same. Further it is argued that when already there are incidents
happening in the State derogating the modesty of women the post made by
the accused in the Facebook, further worsened the situation and it affects
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member of censor board as per his own averment made in the affidavit.
Association, who in his complaint has stated that when an adverse remark
made by the women reporter on the act of the Governor by which the
accused Actor S.Ve Shekar annoyed with the statement has passed a
Subramaniam. The very message post by the accused affects the entire
democratic society in which the journalist are like pillars of the same. The
30. The 2nd respondent has received the complaint and registered
the FIR based on the legal opinion given to the Central Crime Branch. It is
statement which insult the modesty of the women in the field of Journalism.
In the opinion, it is said that the contents reveals the reporters were "illtreat
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rascals without common sense and the reporter concerned was also not an
exemption and they could become reporters only by sharing bed with
familar persons". The words employed in the message are in the nature of
insulting the reporters. Hence, the respondents has registered the case
under Section 504, 505 (1) (c), 509 of IPC and Section 4 of the Tamil Nadu
31. On the side of the petitioner, it is argued that the offence under
Sections 504, 509 and Section 4 of the Tamil Nadu Prohibition of Women
Harrassment Act, 2002. are bailable and only offence under Section 505
(1) (c) is non bailable but the said offence is not made out in this case.
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punished with simple imprisonment for a term which may extend to three
years, and also with fine]
32. It is argued by the petitioner that based on the case law reported
in 1962 Supp (2) SCR 769 AIR 1962 sc 955 : 1962 2 Cri LJ 103 Kedar
"whether Sections 124 - A and 505 of the Indian Penal Code have
become void in view of the provisions of the Article 19 (1) (a) of the
Constitution it was held that "it is only necessary to add a few observations
Code. With reference to each of the three clauses of the section, it will be
any statement, rumour or report (a) with intent to cause or which is likely to
cause any member of the Army, Navy or Air Force to mutiny or otherwise
disregard or fail in his duty as such; or (b) to cause fear or alarm to the
offence against any other class or community. It is manifest that each one
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reference to, and a direct effect on, the security of the State or public order.
therefore, that clause (2) of Article 19 clearly saves the section from the
vice of unconstitutionality"
33. Hence offence under 505 (1) (c) is not made out.
argued that the petitioner with all his qualities and efficiency in number of
fields and also a highly influential person holding support from the party he
and in future it will be extended to working women of all fields who have
individually raised up against injustice or expose justice. This act was done
censorboard for films the accused says that he has shared the offensive
35. Further it is argued that petitioner who mentions the person one
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detailed investigation by the police will reveal the truth. It is also further
the people and only after wide spreads protests and condemns, the
respondent has registered the F.I.R. and has not arrested the accused till
date when the accused is still appearing before various visual media and
television channels continuing to be active in all his social media and still
roaming freely using his nexus with the leaders of ruling party.
creates a doubt in the society that whether Court of law is applied equally
to all members of the society. It is also argued by the prosecution that the
investigation is initiated.
both sides, the offence committed by the petitioner is one against the
opportunity".
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equals as men in the nationalist struggle, the act of the petitioner smashes
and affects the feeling of each person. On hearing the arguments of the
intervening petitioners, the petitioner has hurt the feeling not only the
individual but the feeling of each reporter. The said post in the Facebook
on the part of the accused by keeping himself behind the scene and
instigating the persons. It is also observed that only after protest by all
group of people, the case was registered and immediately after registering
the case, the post in the Facebook also blocked by the accused. It is
argued by the petitioners that this shows the ulterior motive of the accused.
The intervening petitioner has expressed their grievance that the manner of
investigation is being made in this case affect the feeling of the entire
39. The intervening petitioner has argued that the accused was
nghyP!;", and the said second respondent has allowed the 1st respondent /
agency should find out the real culprit and who are all the persons involved
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41. The intervening petitioners by quoting the case law in AIR 2014
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law can be summarized to the effect that if any action is taken by any
any statutory provisions or penal law, the Court can grant relief
not the absence of laws but rather a lack of their effective execution.
Therefore, the executing as well as Civil society has to perform its role
43. The intervening petitioners who are all news reporter / news
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and member of Chennai press club all have unanimously argued that the
words in the post by the accused not only affect the lady press reporters
but other ladies and the whole fraternity. The accused has violated the
provisions under Article 19(1) (a) of our Constitution and further the
accused is under the support of the political party and he is also under the
shield of higher official, who is harbouring the accused and restraining the
police from proceeding with the case. When there is a hue and cry by the
throughout the world and it affects the entire society and the inaction on the
part of the respondent is also being noticed by every common man and it
hurts that why Court of law is not evenly applied to all citizens equally.
45. Not all murders are given capital punishment. We look into the
circumstances and all related aspects under which the act was done.
Those words used in the message are not said under emotion. People use
such words during quarrel and later they may regret but putting things in
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47. What is said is important, but who has said it, is very important in
48. When a celebrity like person forward messages like this, the
common public will start believe it that this type of things are going on.
This sends a wrong message to the society at a time when we are talking
49. The language and the words used are not indirect but a direct
abusive obscene foul language which is not expected from a person of this
calibre and age who claims to be a literate with lot of credential with lot of
followers.
precedent. Daily we see young emotional boys getting arrested for doing
people should not loose faith in our judiciary. Mistakes and crimes are not
same. Only children can make mistakes which can be pardoned, if the
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51. There cannot be any harsher words than this which portraits all
working women coming up in life are sacrificing their chasity. The future of
52. Instead of wiping out the wrong impression about working women
among the public these words create fear and anxiety among people who
53. After seeing these forwarded words from a person who is popular
and has lot of connections with media people for long, the public will look at
into public life. He has only regretted for forwarding but he has not denied
55. No one has any right to abuse women and if done it is a violation
56. If sharing bed is the only way to come up in life then does it
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public.
leadership quality. Words from people who are in public life should bring
peace and harmony and should not incite hatred and disharmony.
60. These messages are deleted and not erased. People should not
go with a feeling that we can air anything and get away with a word sorry.
words are not just on a single person but against a gender and a women
means a family.
the accused for the offences under the Sections 504, 505 (1) (c), 509 of
2002 and in view of the strong objection made by the prosecution, records
petitioner himself and the intervening petitioners and after hearing the
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arguments of both sides, it is but natural to feel that when the offended
public including women were arrested during a protest why the person who
is the root cause for such a protest is not dealt with according to law.
63. This forwarded message has shaken the entire society in which
women hold an equal citizenship with all rights without a gender disparity.
64. Considering the above said facts and discussions, this Court is
that the respondent police is directed to proceed with the case in the same
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Note to office : Issue order copy on 10.05.2018
S. RAMATHILAGAM, J.
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