Madras High Court Quashes Hate Speech Case Against VCK Chief Thol Thirumavalavan

The Madras High Court has quashed an alleged hate speech case registered against Thol Thirumavalavan, chief of Viduthalai Chiruthaigal Katchi (VCK) party.

Justice AD Jagadish Chandira noted that although the complaint was lodged in 2019, the final report was filed only in 2025, contrary to the three-year time frame prescribed by law. The court also noted that the prior sanction was not obtained as mandated under Section 196(1A) of the CrPC.

The court thus opined that the proceedings had to be quashed and ordered accordingly.

"In the instant case, the final report has not been filed within three years from the date of registration of FIR and the same has been filed only on 30.10.2025. This position is admitted by the learned Public Prosecutor (Puducherry) appearing for the 1st respondent as well. Further, no prior sanction as mandated under Section 196(1A) of Cr.P.C. has been obtained before filing the present case against the petitioner. Ergo, on the aforesaid grounds, the impugned proceedings is liable to be quashed and it is accordingly quashed in its entirety," the court said.

The case against Thirumavalavan was registered based on a complaint filed by Kannan, Perambalur Hindu Munnani general secretary. It was alleged that Thirumavalavan had delivered a hate speech during a meeting held at Kamban Kaviyarangam at Puducherry. It was argued that the alleged speech was made with a deliberate and malicious intent of outraging the religious feelings of Hindus.

Based on the complaint by Kannan, a case was registered by Perambalur Police Station for offences under Sections 153B [imputations, assertions prejudicial to national integration], 295A [deliberate and malicious acts intended to outrage religious feelings of any class], 298 [uttering words with deliberate intent to wound the religious feelings of any person], and 504 [intentional insult with intent to provoke breach of peace] of the IPC.

Since the alleged hate speech was made in Puducherry, the case was later transferred to Odiansalai Police Station in Puducherry. After completion of the investigation, the final report was filed before the Chief Judicial Magistrate Court, Puducherry, and was taken on file.

When the case came up for hearing, Thirumavalavan argued that the cases were registered against him, a sitting Member of Parliament, without obtaining prior sanction as per law. It was also pointed out that the final report in the case was filed in 2025, after almost 6 years.

Considering the same, the court was inclined to quash the case and allowed the plea.

Counsel for Petitioner: Ms. S. Deepika

Counsel for Respondent: Mr.M.V.Ramachandra Murthy, Public Prosecutor (Puducherry), Assisted by Mr.Thamizhmani

Case Title: Dr.Thol.Thirumavalavan v State and Another

Citation: 2026 LiveLaw (Mad) 204

Case No: Crl.O.P.No.10161 of 2026