"Fringe Elements Wearing Masks Of NGOs, Human Rights Organisations And Political Groups Creating Unrest": Justice Kirubakaran Of Madras HC,Justice Hemalatha Dissents [Read Order]

After perusing the pamphlet, allegedly prepared by the Appelant/Accused, calling for "Liberation of Tamil Nadu" and "Tamil Language", Justice Kirubakaran observed,

"This kind of fringe elements are stated to be more active in Tamil Nadu and wearing the masks of NGOs, Human Rights Organisations and political groups are trying to create unrest in Tamil Nadu by way of continuous propaganda through media especially social media instigating the people to protest, creating fear psychosis and spreading hatred among the masses. However, it is to be noted that many of the NGOs and Human Rights Organizations are really doing yeomen service to the people" (emphasis supplied)

Justice Kirubakaran further said,

"When these elements take "Tamil Culture", "Tamil Race" and "Tamil Language" as weapons for their sinister plans, the Governments should be careful enough to see that no action of the Government would pave way for or strengthen the propaganda made by these elements especially, with regard to emotive language issues. Already political parties are waiting to make use of such positions to arouse linguistic chauvinism to harvest political dividends." (emphasis supplied)

Anti-national Movements on the rise: Justice Kirubakaran

Further, Justice Kirubakaran opined that many "antinational movements" have been emerging in India and they are continuously contained by the Governments with the help of the people.

Justice Kirubakaran, in an attempt to clarify and elaborate on what he meant by "anti-national movements", said,

"Violence, Destruction, Militancy, Assassinations, chaos, anarchy, mutiny, riots, Creation of conflicts based on religion, race and language, Secession, Separatism are synonymous with anti-national and separatist movements which are active in India to disintegrate our country by soft and violent militancy"

He went ahead and even compared such "anti-national movements" with other violent movements namely, 'Khalistan Movement', 'National Liberation Front of Tripura', 'Nagaland Liberation', 'United Liberation Front of Assam, (ULFA)' and 'People Liberation Army of Manipur'.

Without placing any caveat, he even said that "our country is facing more danger in the hands of elements within the country rather than enemy countries. Therefore, the Government, as well as the people, should be very cautious about those elements."

"Some Organisations…"

Justice Kirubakaran made some general remarks about "some organisations" to make a point that these organisations, who claim to fight for the rights of the people, themselves do not have any faith in the system.

Justice Kirubakaran was of the view that some of the organizations in the name of fighting for the rights of the people always raise their voice for rights, forgetting about corresponding duties. These people, in effect, they also do not have any faith in the system.

Further, he remarked,

"They always support separatists, secessionists forces and those who celebrate our enemy countries and criminals in the name of violation of human rights. Sometimes, these groups themselves make anti-national comments making use of "Right to Expression" and "Freedom of Expression".

"The lovers of the neighbouring nation"

Justice Kirubakaran, while citing an example, which was unusual in an interesting way, aimed to explain, in brief though, as to "who are the lovers of the neighbouring nation."

He said,

"The recent Galwan Valley conflict between India and a neighbouring country exposed people who are lovers of the neighbouring nation, as they openly support the enemy country. The shocking fact is that many such elements cropped up in the media to spread distorted news and exaggerate minor incidents." (emphasis supplied)

He further opined,

"They are not giving straight forward NEWS and only disseminate their VIEWS with the name of NEWS to mislead people. These elements are a threat to our nation. The fundamentalists and extremists which are a threat to national integrity and unity have to be nipped in the bud as the propaganda and their acts go against the very integrity of our nation and public welfare."

Our country is a multiracial, multicultural, multilingual and multi religious nation : Justice Kirubakaran

Further, he stressed,

"Our country is a multiracial, multicultural, multilingual and multireligious nation. Peace and Harmony have to be maintained. For that, Governments should make every citizen feel that his language, culture, religion, race are preserved and protected and not interfered with or suppressed by any action of the Governments. Even an apprehension should not be created in the minds of the people which would be certainly counterproductive"

Lastly, Justice Kirubakaran also hinted at what is expected from the Governments. The following points, find place in the opinion of Justice Kirubakaran, as suggestions for the Governments to take note of:-

(i) Not to create an impression in the minds of the people that their language is being discriminated or suppressed;

(ii) Not to create any apprehension in the minds of the people that only a few chosen languages are given prominence and recognition especially when there are about 22 languages recognized and listed in the VIII Schedule of the Constitution of India which are entitled to equal treatment and protection so that all Indian languages are well-developed and preserved.

(iii) To deal with communal elements, religious, extremist forces very firmly.

The above suggestions, explained Justice Kirubakaran, are only in the interest of safeguarding the unity and integrity of the nation. There should not be any room for linguistic chauvinists to create any unrest in the name of languages in any part of our country.

He also opined that the Governments should effectively deal with anti-national forces with an iron hand which are bent upon creating fear, unrest in the society in the name of "language", "race", "religion", "region" or "ideology" and stall the development and divide the country.

Therefore, opined Justice Kirubakaran, the Governments should deal with the above sensitive issues very carefully and cautiously to protect the largest democracy in the world, keep the destructive forces including chauvinistic linguistic forces at bay and to uphold our "Unity in Diversity".

Cautioning the Governments, he also said,

"Any action of the Government, which is likely to create apprehension or giv the impression that their language is discriminated or any other language is given prominence, would amount to adding fuel to the mischievous propaganda made by these secessionist forces."

I do not subscribe to the views expressed by Justice Kirubakaran: Justice R. Hemalatha

While accepting that the Appellant shouldn't be granted bail, Justice R Hemalatha, who was on the Division Bench along with Justice Kirubakaran, did not subscribe to the views expressed by Justice Mr.N.Kirubakaran.

While observing that "learning languages is a matter of one's personal choice", she said,

"I do not subscribe to the views expressed by Hon'ble Justice Mr.N.Kirubakaran with regard to the Tamil Organisations, the languages and the consequent suggestions given to the Government. They are not relevant to the present petition."

Lastly, as mentioned, the Court, while observing that the normal rule of bail not jail would not apply in this case, ruled that it would not be appropriate to grant bail to the appellant (charged with offences under the Unlawful Activities (Prevention) Act, the Explosives Act and IPC) in the present case, when the trial is almost going to be over. Therefore, the appeal failed and the same was dismissed

Click Here To Download Order

[Read Order]