In a significant relief to Tamil Nadu BJP leader H Raja, the Madras High Court suspended the six-month imprisonment sentence handed down by a special court in two cases related to inflammatory and derogatory statements made in 2018. The sentence will remain suspended until appeals filed against the trial court verdict are resolved.
Background of the case
The cases stem from remarks made by Raja in 2018 that were deemed defamatory and provocative. In the first instance, Raja allegedly posted a tweet on April 18, 2018, containing offensive comments with a veiled reference to DMK MP Kanimozhi and her father, the late DMK leader and former Chief Minister M Karunanidhi. This led to an FIR being registered by Erode town police.
The second case related to a tweet posted on March 6, 2018, in which Raja supported the demolition of statues of E.V. Ramasamy (Periyar), a social reformer and Dravidian ideologue. This statement drew widespread criticism, with several FIRs being registered across Tamil Nadu.
On December 2, 2023, the Additional Special Court for cases against MPs and MLAs convicted Raja in both cases. The court sentenced him to six months of simple imprisonment for each case, alongside a fine of ₹5,000. Assistant Sessions Judge G Jayavel, however, suspended the sentence for a month to allow Raja to file an appeal in the High Court.
ஹெச்.ராஜா தண்டனை நிறுத்திவைப்பு#HRaja | #HighCourt pic.twitter.com/xfK6zP7ymV
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Madras High Court Ruling
Raja appealed against the trial court’s verdict, citing procedural irregularities. He argued that the FIRs were delayed by five months without explanation and were based on a joint complaint, which he claimed was legally untenable. He also contended that the FIRs lacked clarity on how the offensive material came to the complainants’ attention.
Justice L Victoria Gowri of the Madras High Court heard Raja’s petitions seeking to set aside his conviction. She ordered the suspension of his jail term in both cases until the disposal of the appeals. The court allowed Raja to be released on his own bond and emphasized the need for careful examination of the procedural aspects raised in the petitions.
Previous Legal Developments
The cases against Raja have a long legal history. In 2023, Justice N Anand Venkatesh of the Madras High Court refused to quash the FIRs, stating that Raja’s tendency to make unsavory comments was a recurring issue. Earlier this year, Justice G Jayachandran dismissed Raja’s petitions seeking to quash the cases, directing the MP/MLA court to expedite the trial.
Raja had also approached the Supreme Court, which dismissed his Special Leave Petitions (SLPs). The bench, comprising Justices Hrishikesh Roy and Prashant Kumar Mishra, orally advised politicians to exercise caution in their public statements. Following the Supreme Court’s observations, the trial was conducted without delay, resulting in the December 2 convictions.
Reactions to the Verdict
The BJP has rallied behind Raja. Tamil Nadu BJP president K Annamalai stated, “We will stand by the party’s TN Coordinator H Raja. The party will appeal against the sentence given to Raja.” He alleged that the trial court’s verdict was influenced by the charge sheets filed under a government controlled by the DMK.
TN BJP spokesperson ANS Prasad defended Raja, describing him as a “staunch ideological warrior” with over 50 years of public service. Prasad criticized what he termed as a double standard in handling cases involving derogatory remarks, pointing out that no action was taken against individuals who insult Hinduism and its deities.
Prasad also questioned the permissibility of controversial inscriptions on Periyar’s statues, some of which are located near Hindu temples. He argued, “Would any civilized society allow such derogatory content against believers? Those who have written such inscriptions are the same people who have filed cases against H Raja for criticizing EVR.”
Special Court’s Observations
The trial court’s judgment, delivered earlier this month, had emphasized the inflammatory nature of Raja’s remarks. The judge stated that comments degrading Periyar would provoke his followers and other political parties. The language used in the FIRs, however, also drew criticism from the court for being unprofessional and insensitive.
The High Court acknowledged the procedural flaws in the investigation and emphasized the need for impartiality in handling politically sensitive cases. Justice Gowri noted that the appeals would be heard thoroughly to ensure justice is served, both for the accused and the complainants.
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