Plea In Madras High Court To Restore FIR Against TVK's Aadhav Arjuna Over Social Media Post Allegedly Inciting Violence

When the case came up before Justice AD Jagadish Chandira, the court noted that the application was maintainable and directed the registry to number the plea.

For context, Arjuna has been accused of inciting violence through his social media post and for allegedly calling for a revolution similar to that initiated by Gen Z in Nepal and Srilanka, in the State. Following this, an FIR was registered against Arjuna for offences under Sections 192 [wantonly giving provocation with intent to cause riot], 196(1)(b) [promoting enmity between different groups], 197(1)(d) [imputations, assertions prejudicial to national integrity], 353(1)(b), and 353 (2) [statements conducing to public mischief] of the Bharatiya Nyaya Sanhita BNS 2023.

Arjuna had approached the court seeking to quash this FIR. It was submitted that there was no mens rea in the case, which was evident from the fact that the post, which was made at 11:30 pm on September 28, was deleted within 34 minutes before building any viewership. It was also submitted that Arjuna did not have intention to create incendiary and was only expressing his views which were protected under Article 19(1) of the Constitution.

Arjuna had also questioned the registration of FIR based on a complaint of an LIC agent, who, he alleged, was only a ruse by the State.

The State had, however, challenged the plea and pointed out that though the first part of the post might be covered under Article 19 of the Constitution, the second part wanted to call for violence similar to that in Nepal and Sri Lanka, for toppling the government. It was thus argued that the post would come under the purview of Article 19(2) wherein restriction could be imposed for protecting public order and incitement of violence.

While quashing the FIR, the court had observed that Arjuna's tweet did not target any groups, and though it spoke about violence, it did not call for violence or hatred. The court observed that the tweets, though politically provocative and critical of police excess, did not cross any Lakshman Rekha, to fall under hate speech.

Aggrieved by the order, the original complainant has now approached the court, seeking to recall the order.

Case Title: Shanmugam v. State

Case No: Crl MP 102095 of 2026 [Filing No]