In a significant order that will hopefully slow down the targeted hate and disparaging diatribes against Hindu Gods, religious practices, and Hindus, the Madurai Bench of the Madras High Court said, “Showing Hindu Gods in a disrespectful manner and thereby intentionally hurting the sentiments of millions can’t be justified.”
Thoothukudi-based P. Paramasivam filed a criminal revision petition in the Madurai Bench of the Madras High Court calling for records for criminal complaint registered in 2022 on the file of the Thoothukudi IVth Judicial Magistrate Court and to set aside the order dated 19 March 2025.
The petitioner/de facto complainant had originally lodged a complaint with the East Police Station, Kovilpatti, and subsequently, as instructed by the said police, before the respondent , the Inspector, Thoothukudi Crime Branch, alleging that Sathish Kumar posted a photo along with comments about Lord Krishna on 19 August 2022 through his Facebook account. The said photo depicted some girls bathing nude in a pool, with Bhagwan Krishna watching from the top of a tree, accompanied by two comments in Tamil (rough translation: “Kaaji Jayanthi sorry Krishna Jayanthi greetings, friend!” and “To view them without dress, Krishna, a rascal and urchin, had stolen the girls’ clothes deliberately and has become Bhagwan. There are celebrations. Huh.”).
The petitioner alleged that he was deeply hurt by the misrepresented photo, which caused him significant mental anguish. He also stated, “Satish Kumar posted the photo and comments with the intention of defaming Hindu Gods, damaging the image of Hindu women, and potentially creating a law and order problem and promoting enmity between two different groups on religious grounds.”
Police filed an FIR against an unknown person for the alleged offences and, after investigation, filed a final report on 25 February 2025 before the court as undetected. The court sought the response of the petitioner, who appeared before the court and raised objections. However, the judge passed an interim order dated 13 March accepting the police’s final report, stating that the petitioner had neither appeared nor raised any objection to the final report. Hence, the petitioner filed this criminal revision petition.
After hearing arguments from both sides, the court reserved orders on 28 April and pronounced the verdict on 4 August.
In its 12-page order, Judge K. Murali Shankar said, “As rightly pointed out by the counsel for the petitioner, in the final report the respondent police have nowhere stated that they are only filing an interim report and that, in case they receive any other information or materials, they will proceed with the investigation and file a final report. Though the respondent police have filed the final report as ‘undetected’, as per the dictum of the Hon’ble Full Bench, the same does not terminate the investigation and the investigation is construed to be in progress. The report now filed can only be considered an interim report and is not within the scope of Section 173(2) Cr.P.C.”
The court noted, “It has been specifically mentioned that the de facto complainant has appeared through his counsel and raised objections… the magistrate has neither referred to nor considered the objections raised by the complainant’s side at the enquiry… the final report filed by the respondent police as ‘undetectable’ and the order passed by the Judicial Magistrate accepting the final report and closing the FIR cannot legally be sustained.”
The judge observed, “The respondent police have limited their investigation to merely requesting information from Facebook authorities without undertaking further investigation. Sathish Kumar’s Facebook contains personal details including educational background, work history, residence, and a photograph. The police haven’t verified the accuracy of these details or provided any explanation for not doing so.”
The judge further said, “Depicting Hindu Gods in a disrespectful manner and intentionally hurting the sentiments of millions can’t be justified. Such actions have the potential to spark enmity, religious outrage, social disorder, and undermine communal harmony. Given the deep-rooted respect for religious symbols and deities, disrespect can lead to social unrest and hurt a section of society. Therefore, it is crucial to approach such depictions with sensitivity. The government must ensure that freedom of expression does not translate into hurting religious feelings.”
The court also stated, “…in the present case, we are not concerned with interpreting or analysing the story’s significance. The depiction and comments, however, clearly exceeded acceptable limits. As the petitioner’s counsel rightly argued, the posts had the potential to offend religious sentiments, leading to social unrest. Despite the seriousness of the allegations, the respondent police handled the case casually, halting the investigation and closing it as ‘undetected’. Given these circumstances, the court finds it necessary to direct the respondent to continue and complete the investigation within a stipulated period.”
Critics and advocates say, “During the DMK rule, it has been the practice of police to act against activists in social media belonging to the BJP and Hindu outfits, considering them as terrorists, with midnight arrests and even flying to other states to arrest them. Despite thousands of complaints filed against DMK leaders, their allies, Dravidar Kazhagam, and Muslim and Christian men for making disparaging and hurtful comments against Hindus, their Gods, and customs, the police turn a Nelson’s eye. They never go beyond issuing a CSR and, in some cases, an FIR. The current case is a classic example of their biased action in leaving the man scot-free.”
Recently, Vairamuthu said, “Lord Ram was a mentally challenged person.” No action had been taken as of 15 August. The police did not give permission to the VHP to hold protests condemning his remarks and demanding his arrest. In another instance, Karu Palaniappan — a rabid Hindu and Brahmin hater, reportedly married to a Muslim woman — made disparaging comments about Lord Murugan’s consort Valli, a vanavasi girl. Journalist Nelson Xavier and director Amir Sultan, questioned in a drug smuggling case (who once said there was nothing wrong in having sex with a goat), enjoyed Palaniappan’s comments. The speakers mocked the Varalakshmi Vratham or Pooja observed on Fridays in the month of Shravan, seeking wellbeing, wealth, and long life for their spouses.
In another undated video, a speaker made obscene and disrespectful comments about Hindu Gods, Goddesses, and Hindus on his YouTube channel Hello Vadai.
Despite complaints, police are yet to act on these incidents, showing their casual approach in dealing with such matters.
