Supreme Court Extends Stay On Trial Of BJP Leader K Annamalai Over Alleged Remarks Against Christian Missionary NGO Till Sept

The Supreme Court today extended till September the stay on trial against Tamil Nadu Bharatiya Janata Party (BJP) leader K Annamalai over his alleged remarks against a Christian missionary non-profit.

The Bench of Justices Sanjiv Khanna and Dipankar Datta was considering Annamalai's special leave petition against a February 8 Madras High Court order refusing to quash the trial court proceedings in the hate speech case.

Notice was issued to the complainant (V Piyush) on Annamalai's plea on February 26, when the court also granted temporary relief of stay on the trial proceedings.

In view of a request by the counsel for respondent-complainant, the matter was adjourned today till week commencing September 9. Till that time, the interim order shall continue, Justice Khanna said.

Background

In a YouTube interview, Annamalai allegedly stated that a Christian missionary non-governmental organisation (NGO) was responsible for seeking a ban on firecrackers, a statement that drew significant attention and controversy. Following the circulation of video clippings from the interview on social media, a complaint was filed by V Piyush, an environmentalist, expressing concerns that the remarks could incite hatred between communities.

After being initially turned away by authorities, Piyush invoked Sections 156(3) and 200 CrPC before a judicial magistrate in Salem. The judicial magistrate, on finding a prima facie case under Sections 153A and 505(1)(b) IPC, issued summons to Annamalai.

Challenging the summons and the entire proceedings, Annamalai contended that his speeches were expressions of anguish and not intended to promote communal discord. He highlighted the timing of the complaint, filed approximately 400 days after the interview, during which no untoward incidents occurred based on his speech.

The Madras High Court, while dismissing his petition, emphasized the psychological impact of Annamalai's statements, which were deemed to have communal undertones. The court underscored the significance of his position as a prominent leader, stating that his words carried weight and could have a psychological impact on the targeted group. It also noted that the intent to create hatred towards a particular religion was evident in his statements, leading to a prima facie conclusion against him.

Case Title: K Annamalai v. V Piyush | Special Leave Petition (Criminal) No. 2323 of 2024