BJP Minister Shobha Karandlaje Approaches Madras HC To Quash FIR Over Allegedly Offensive Comments Against TN In Aftermath Of Rameshwaram Café Blast

The Allegation against Shobha was that in March 2024, after the blasts in Rameshwaram café, she had allegedly remarked “People trained in Tamil Nadu plant bombs here. Bomb was planted at the hotel.” Following this, one Thiagarajan, a resident of Madurai, lodged a complaint stating that the alleged remark was intended to create enmity and hatred among Tamils and Kannadigas. Following the complaint, Shobha was charged with Sections 153, 153(A), 505(1)(b) and 505(2) of the IPC. Another FIR was also registered in Chickpet Police Station, Bengaluru for the same offence.

In her petition, which is yet to be numbered, Shobha submitted that the FIRs reeks of malice, ulterior motive, political motive and abuse of process. She added that her intention was only to raise her concerns about the internal security in Tamil Nadu. She added that she also retracted her remarks clarifying her intentions and apologising for the statements.

Shobha submitted that putting the criminal law in motion despite her clarification is ex-facie malicious and hits the core of freedom of speech and expression guaranteed by Article 19(1)(a) of the constitution.

She added that the complainant had not shown materials to constitute the ingredients of Section 153. She further submitted that the complaint did not even indicate the possibility of rioting in the impugned FIR which was essential to constitute an offence under Section 153. She added that she had not involved two groups of communities and there was no reference to religion, race, place of birth, residence, language, caste or community.

Further, Shobha pointed out that as per Section 196 CrPC, sanction from the competent authority was necessary to initiate proceedings under Section 153A and 505 and the FIR did not indicate if the investigating officer had complied with the same which would vitiate the proceedings.

Thus, stating that the FIR lacked the necessary ingredients, she prayed for quashing the FIR.