High Court Denies Canceling Summons for Tamil Nadu BJP Chief in Hate Speech Case

GG News Bureau
Chennai, 9th Feb. The Madras High Court on Thursday dismissed a petition filed by state BJP President K Annamalai seeking to cancel the summons issued to him in a case, while underlining the importance of considering the psychological impact of hate speech.

Justice N Anand Venkatesh, while delivering the verdict, emphasized that the psychological impact on individuals or groups must be taken into account within the definition of hate speech. The ruling came in response to Annamalai’s plea to quash the summons issued by a magistrate in Salem based on a complaint accusing him of making a hate speech against Christians.

The complaint stemmed from an interview Annamalai gave to a YouTube channel on October 22, 2022, where he allegedly made derogatory remarks about Christians regarding the bursting of crackers, just before Diwali. The judge noted the timing of the interview, two days before Diwali, and highlighted that a portion of it was shared on the BJP’s official social media handle.

Justice Venkatesh observed that Annamalai, as a former IPS officer and current BJP state unit president, should have been aware of the legal implications of his statements. He pointed out that Annamalai’s speech targeted a specific religious group, potentially inciting hatred and division within society.

Furthermore, the judge cited the Supreme Court’s stance on hate speech, emphasizing that such statements could act as “ticking bombs,” with the potential to incite violence or even genocide, particularly in the age of social media.

Highlighting the enduring impact of hate speech beyond immediate physical harm, Justice Venkatesh stressed the need for courts to recognize its silent but potent effects on the psyche of targeted groups.

The ruling signifies a broader interpretation of hate speech laws, encompassing not only physical harm but also the psychological impact, thus reinforcing Section 153A of the IPC (promoting enmity between groups).