MARIDHAS Vs. STATE

JUDGEMENT

(1.) This criminal original petition has been filed for quashing the First Information Report in Crime No.136 of 2020 registered on the file of the Inspector of Police, Melapalayam police station, Tirunelvlei District for the offences under Ss 292A, 295A and 505(2) of I.P.C.

(2.) The defacto complainant is the second respondent herein. He is a member of Tamil Nadu Muslim Munnetra Kazhagam. After watching the video uploaded by the petitioner on the YouTube platform on 03/04/2020 at 11.00 PM, he lodged information before the first respondent on the next day leading to registration of the impugned FIR. In his complaint, the second respondent alleged that the petitioner had falsely spoken that the attendees of Tablighi Jamaat conference held in March 2020 at New Delhi were spreading Covid-19 ; he also insulted Islam with an intention to create ill-will and discord between Muslims and non-Muslims.

(3.) The learned counsel appearing for the petitioner reiterated the contentions set out in the memorandum of grounds and contended that the petitioner as a responsible YouTuber and commentator on current affairs had merely exercised his right to free speech. According to him, the petitioner had not committed any of the offences set out in the FIR.