“No Merits”: Madras High Court Refuses To Quash FIR Against BJP Leader H Raja For Remarks Against DMK's Kanimozhi Karunanidhi

Justice G Jayachandran noted that the grounds raised in the quash petition were purely factual and were already canvassed in earlier quash petitions. Thus, finding no new merits in the plea, the court dismissed his plea.

“Earlier, this petitioner approached this Court to quash the case. Whereas, this Court, vide, order dated 29.08.2023 dismissed the petition directing the Special Court for MP/MLA Cases, to complete the proceedings, within a period of three months. Thereafter, the trial has commenced and at this juncture, this petition to quash is filed again. The perusal of the petition to quash is purely on factual aspects or the grounds, which are already canvassed in the earlier quash petition. Hence, this Court finds no merits in this petition,” the court said.

The case against Raja was that he had made tweets relating to the former Chief Minister tarnishing his image and that of his daughter, portraying her as an illegitimate daughter. Since the remarks had the propensity to create unrest among the followers of the party and lead to a law-and-order situation, one of the Ex-Minister and office bearer of the DMK party gave a complaint before the Police following which a case was registered for offence under Section 153, 504 and 509 of the IPC.

While rejecting Raja's earlier plea for quashing the FIR, the high court had remarked that his tweets hoveredaround hate speech. The court had remarked that the tweets/remarks made by Raja, who held an important position in a national party and had many followers, would have a larger reach and create an impact in the minds of the general public.

The court had also observed that Raja had a proclivity to make irresponsible and damaging comments which always got him into trouble. The court had also observed that though people belonging to different parties could comment upon the policies and shortcomings of the opposition party and its leaders, the comments should not touch upon personal character or status.

In the present application, noting that the points have been already canvassed in earlier applications and finding no merits, the court dismissed the applications.

Counsel for the Petitioner: Mr.N.Anantha Padmanabhan, Senior Counsel for Mr.M.Ramamoorthi

Counsel for the Respondents: Mr.K.M.D.Muhilan, Govt. Advocate (Crl.Side)

Citation: 2024 LiveLaw (Mad) 181

Case Title: H Raja v State

Case No: Crl. O.P.No.10011 of 2024