'Leaders In Public Life Have Constitutional Duty To Promote Harmony Transcending Religious, Linguistic, Regional, Sectional Diversities': Madras HC [Read Order]

"The leaders who are in public life not only have responsibility but also constitutional duty to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women", observed the Madras High Court on Tuesday. In its judgment so delivered, the division bench dismissed the appeal by the Chennai city police to cancel the bail granted to DMK Rajya Sabha MP and organising secretary RS Bharathi. Bharathi, a well known leader, is accused of making disrespectful remarks about members of oppressed classes before a gathering of more than 100 people. He had allegedly commented that the elevation of late Justice A.Varadharajan, who belonged to the lower caste, and 7-8 other appointments of SC/ST judges to the High Court were alms rendered by the former Chief Minister. "Persons who are holding a high office like the accused who is not only a senior member of the Bar and a Member of the Rajya Sabha and belongs to a political party and has several followers to follow him, he should show restraint while making any such remarks. Whether or not such remarks amount to offence or humiliation, such remarks should not lead to give an impression that the same offends any section of the society", noted the bench. The Court was further of the view that "They should know their responsibility, while addressing the gathering any utterance should not lead to create disharmony among the citizens of the country". However, the bench clarified that Whether such statements would attract the provision of Section 3(1)(u) or 3(1)(v) of the SC/SCT (Prevention of Atrocities) Act or not is a matter of trial. Therefore, the Court at this stage restrained itself from expressing any views as to whether such utterance attracts the offence or not, noting that it is for the prosecution to establish before the trial court that such utterance attracts penal consequences and that those things can be seen only after a full trial. On the issue of the validity of the bail order granted to the accused by the Special Court, the bench noted that the accused was arrested on the very next day, immediately after the investigation was transferred to the Central Crime Branch. On his production before the Special Court, after hearing both sides, the special Court has granted interim bail taking note of the lock down situation and spike in Covid 19 at the relevant point of time. Prior to that the accused has already filed an application before this Court for direction to accept his surrender and consider his application on the same day on his surrender. This Court, by order dated 30.05.2020 granted relief to the accused and directed the trial Court to pass order on the bail application on the date of his surrender. Further the challenge made to the interim bail was also dismissed by this Court by its order dated 30.05.2020. No further challenge was made to order granting interim bail. What was challenged before the Supreme Court is an order granting bail on merit by order dated 01.06.2020 in SLP (Crl.) Nos.2614, 2615 of 2020. However, the same were withdrawn. Thereafter, the present appeal was filed before this Court challenging the order of Special Court dated 01.06.2020. It is relevant to note that the defacto complainant had lodged the complaint one month after the occurrence has not opposed the grant of bail before the trial Court. "Therefore, it is clear that once the order granting interim bail is already confirmed by this Court and no further challenge is made. Now, State or Defacto Complainant cannot challenge the same in these proceedings", opined the Court. Further, it reflected, "Very curiously when the State has preferred appeal before this Court under 14(A) of the SC & ST (Prevention of Atrocities) Act 1989 the defacto complainant has argued for cancelling the bail. When his stand before trial Court was pointed out to the learned Counsel, the learned Counsel Mr.V. Raghavachari fairly submitted that his intention was not to oppose the bail, but bring to the notice of the Court the behaviour of the accused who is a Member of Rajya Sabha and he has not shown any remorse and not even regretted for making such comments, even though his statement had a serious impact on the society". Though elaborate arguments were made by the State for cancelling the bail, on a perusal of the order of the trial Court, the Court did not find any materials to countenance the contention of the State to hold that the trial Court viz.,the Special Court has granted bail without considering any materials or without hearing the defacto complainant etc., The trial Court has considered the nature of the offence, the delay in making complaint, the manner in which the arrest was effected, thereafter exercised its discretion and granted bail, that too after the directions of this Court. The bench further...

'Leaders In Public Life Have Constitutional Duty To Promote Harmony Transcending Religious, Linguistic, Regional, Sectional Diversities': Madras HC [Read Order]

Mehal Jain

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