MATHEW SAMUEL Vs. STATE

JUDGEMENT

(1.) Mr.A.Natarajan, learned Public Prosecutor takes notice for the 1st respondent. Notice to the 2nd respondent returnable by four weeks. Private notice is also permitted.

(2.) This case raises a very important issue as to whether any words either spoken or written or by signs or by visible representation or otherwise, made against an individual person, whatever position he is holding and which does not result in promoting feelings of enmity or hatred between different groups on grounds of religion, race, language, etc., will come within the purview of Sec. 153A of IPC. This position must be clarified since it is noticed that in many cases which involves governmental authorities, particularly having political overtones and which at the best only affects the interest/reputation of the individuals concerned, and does not in fact cause any disharmony or promotes any hatred between religion, race, community etc., FIR is being registered for an offence under sec. 153A and 505 IPC.

(3.) In the present case the FIR has been registered by the respondent Police based on the Complaint given by the 2nd respondent who claims to be the Secretary of the IT Wing of the AIADMK who claims to have watched a video circulating on the social media which is targeted against the present Hon'ble Chief Minister and also the former Hon'ble Chief Minister and other Ministers. The Complaint further claims that the video was uploaded with the intention to cause riot and disharmony in the Society. The respondent Police based on the Complaint given by the 2nd respondent have proceeded to register an FIR for an offence under Sec. 153A, 505(1)(b), 505(1)(c) and 505(2) IPC.