ABDUL KABUR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE petitioner, who is a practising Advocate in this Court, has filed the present writ petition as a Public Interest Litigation praying for issuance of a writ of mandamus directing the third and fourth respondents to ensure the registration of the First Information Report on the basis of the representation dated 04.02.2014 submitted to the fourth respondent and the representation dated 07.03.2014 sent to the Governor of Tamilnadu and that the same should be entrusted to the fifth respondent for investigation as per law; directing the fifth respondent to depute an officer not below the rank of the Deputy Superintendent of Police known for his/her integrity and efficiency to investigate the matter according to law; directing the first and third respondents to ensure preventing You Tube or any other websites from exhibiting the contents of the public speech of Mr. H. Raja, the vice president of the State unit of the BJP which is the subject matter of this writ petition; directing the first and third respondents to give suitable instructions to the officials concerned to keep vigil; to take necessary action against those who are making inflammatory and instigative speeches and publications having overtone of communal hatred and animosity between different sections of people.

(2.) ACCORDING to the petitioner, he is a member of an informal team of advocates and social activists working for the promotion of rule of law, secularism, human rights and social justice. He would submit that the members of the said team were shocked and worried about the on -going fundamentalist inflammatory campaign launched by the sixth respondent namely, Mr. H. Raja, one of the leaders and Vice President of the State unit of the Bharathiya Janatha Party (BJP), a national party. He has taken an extreme level of hatred, false and malicious propaganda against E.V.R. Periyar, Muslims and Christians in his inflammatory public speech and the same has been uploaded in the 'you tube video' website for the public. The petitioner and the members of his associations came to know about the speech of the sixth respondent through one of the articles which appeared in a Tamil daily 'The Hindu' on 26.01.2014 under the caption authored by Mr. Gnani, a popular Tamil Writer.

(3.) IT is the case of the petitioner that the contents of the speech of the sixth respondent are in violation of the existing constitutional and other laws of the land, especially, it attracts Sections 295(A), 505(1)(b)(c)(2) of the Indian Penal Code. Therefore, he has filed the present writ petition for issuance of a writ of mandamus seeking the aforesaid reliefs.