Supreme Court Refuses To Quash FIRs Against TN Thowheed Jamath Members Over Objectionable Speech; Allows Clubbing Of Cases

The Supreme Court recently refused to quash the FIRs filed against two members of the Tamil Nadu Thowheed Jamath over allegations of making objectionable statements and threatening judges following the Karnataka High Court's verdict in the hijab case.A bench comprising Justice Vikram Nath and Justice Sandeep Mehta observed :"At the outset, we must note that the language used by the petitioners in their speeches is highly objectionable and definitely discloses the necessary ingredients of the offences alleged. Hence, there is no scope for the exercise of writ jurisdiction of this Court under Article 32 of the Constitution of India so as to quash the impugned FIRs." However, the Court allowed the clubbing of the multiple FIRs filed against them at Bengaluru and Thanjavur to Madurai."It is not in dispute that the contents and language of the hate speech attributed to the petitioners are verbatim the same. Thus, we are of the view that allowing multiple prosecutions of the petitioners in different jurisdictions could lead to a serious anomaly with the possibility of conflicting decisions. Additionally, such a course of action would give rise to multiple trials for the same/similar set of allegations. Not for a moment, are we convinced by the submission advanced by learned counsel for the petitioners that the subsequent FIR should be quashed as the same tantamounts to a second FIR on the same facts, but in any event, we feel that allowing multiple trials before Courts of different jurisdiction in reference to the speeches of the petitioners dated 17th March, 2022 is not expedient in the interest of justice and the trials deserve to be clubbed."The Court relied on its 2020 Amish Devgan judgment in exercising Article 142 in clubbing the three FIRs against the petitions and also directing for a joint trial to take place in the present case.The first FIR was registered under Sections 153A, 505(1)(b), 505(1)(c), 505(2), 506(1) of the Indian Penal Code, 1860 read with Section 109 IPC in March 2022 at Thallakulam Police Station in whose jurisdiction the alleged speeches were made. On the same day, another FIR was registered at Adiramapattinam Police Station, Thanjavur. A third FIR was registered at Vidhana Soudha Police Station, Bangalore City.It was alleged that in the speech, the petitioners praised Afzal Guru, the mastermind behind the Parliament attack. Remarks were also made against the legal issues considered in the Ayodhya Ram Temple judgment, the dress being worn by the Chief Minister of Uttar Pradesh, the festivals being celebrated by Christians, the practice of Hindus in applying holy-ash to their bodies and the religious practice followed by the Sikhs keeping a sword with them. They tried to link the same with the Hijab being worn by Muslim women.The petitioners also condemned the verdict given by the Karnataka High Court in the Hijab ban in classroom case and used unparliamentary language towards the Judges of the Supreme Court of India as well as the High Courts.Since the Court found that the three FIRs emanated from the same alleged hate speech, it held that it would lead to serious anomaly with the possibility of conflicting decisions.Since the speeches were delivered within the jurisdiction of Thallakulam Police Station, the Court found it expedient in the interest of justice that the trial from the subject FIRs is conduct by a Court of the competent jurisdiction at Madurai."Hence, exercising powers under Article 32 read with Article 142 of the Constitution of India, we hereby direct that trial of the case arising from FIR No. 18 of 2022 registered at Vidhana Soudha Police Station, Bangalore City, Karnataka and FIR No. 189 of 2022 registered at Adiramapattinam Police Station, Thanjavur, Tamil Nadu shall be transferred to the Court of the competent jurisdiction at Madurai, Tamil Nadu for joint trials of both the petitioners by clubbing the three FIRs i.e., FIR No. 223 of 2022 registered at Thallakulam Police Station, Madurai City, Tamil Nadu; FIR No. 189 of 2022 registered at Adiramapattinam Police Station, Thanjavur, Tamil Nadu; and FIR No. 18 of 2022 registered at Vidhana Soudha Police Station, Bangalore City, Karnataka."Case Details: RAHAMATHULLA v. THE STATE OF TAMIL NADU & ORS.| WRIT PETITION (CRL.) NO(S). 132 OF 2022Citation : 2025 LiveLaw (SC) 499Click Here To Read Order

Supreme Court Refuses To Quash FIRs Against TN Thowheed Jamath Members Over Objectionable Speech; Allows Clubbing Of Cases

Gursimran Kaur Bakshi

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