FB Post To Break Periyar Statue Only Expression Of Opinion, Cannot Be Considered As Promoting Enmity: Madras High Court

The Madras High Court recently quashed a criminal case against a law student for making a Facebook post to break and remove a statue of EVR Periyar installed in front of the Srirangam temple. Justice R Vijayakumar noted that the student had only expressed his opinion that such a statue would hurt the religious sentiments of Hindus. The court noted that such an expression of opinion had not caused any untoward incident. Thus, the court was inclined to quash the criminal case. “As per Facebook post of the petitioner, the petitioner has only expressed his views that such the said statue would affect the religious sentiments of Hindus. No untoward incidents has happened, pursuant to the said Face book post. The petitioner was studying law in Bangalore at the time of post. Now he has completed his studies and he is about to get enrolled. It is only an expression of opinion and cannot be considered to have promoted enmity between two groups,” the court said. The court was hearing a petition by Barani Kumar, who was charged with offences under Sections 153A, 504, 505(1)(b), and 505(2) of the IPC for making a Facebook post against Periyar. In his post, Kumar had stated that the statue of E.V.R.Periyar, which has been installed in front of Srirangam Temple, had to be broken and removed. When the plea was taken up, the court had directed Kumar to file an affidavit stating that he had realised his mistake and had made the post unintentionally. Kumar filed an affidavit as per the court's instruction and requested that the case be quashed as it would be a great barrier in his future career. Kumar also submitted that he would be more vigilant in future while posting in social media and assured that such future will not happen in the future. Taking note of the affidavit and the fact that no untoward incident had happened, the court opined that no useful purpose would be served in continuing the prosecution. Thu, the court allowed Kumar's plea and quashed the case against him. Counsel for Petitioner: Mr. Aayiram K. Selvakumar Counsel for Respondent: Mr. B. Thanga Aravindh, Government Advocate (Crl.Side) Case Title: M Barani Dharan v. State of Tamil Nadu and Another Citation: 2026 LiveLaw (Mad) 139 Case No: Crl. O.P.(MD)No.406 of 2025Click Here To Read/Download The Judgement

FB Post To Break Periyar Statue Only Expression Of Opinion, Cannot Be Considered As Promoting Enmity: Madras High Court

Upasana Sajeev

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