The Supreme Court Monday stayed the proceedings in a hate speech case against Tamil Nadu BJP chief K Annamalai, observing that the remarks “prima facie” do not make up the offence.
“Prima facie there is no hate speech”, a bench of Justice Sanjiv Khanna and Justice Dipankar Datta said while staying proceedings. Hearing senior advocate Siddharth Luthra and Advocate J Sai Deepak, who appeared for Annamalai, the bench issued a notice to the complainant, V Piyush, on whose complaint the Magistrate Court in Salem had summoned the BJP leader.
The case stemmed from allegations that Annamalai, in an interview with a YouTube channel two days before the 2022 Diwali, had said that a Christian NGO was behind a legal challenge in the Supreme Court to the bursting of crackers during the festival in its bid to attack the Hindu culture.
Piyush approached the Magistrate Court after the TN Cyber Cell turned down his request to register a case. Though Annamalai approached the Madras High Court against the summoning order, the HC refused to quash it.
It said “persons of influence, keeping in view their reach, impact and authority they wield on general public or the specific class to which they belong, owe a duty and have to be more responsible,” and that such personalities “are expected to know and perceive the meaning conveyed by the words spoken or written, including the possible meaning that is likely to be conveyed”.
Appealing against this, the BJP leader told the SC that his words had not led to any public disorder or outburst of violence and such would not make up the ingredients for hate speech. He said the HC had “failed to consider that the words were uttered more in grievance than as hate speech”.