Chennai: Rejecting an FIR filed by Tamil Nadu Police against a person for a Facebook, the Madras High Court observed that there are innumerable 'holy cows' across the country but there is only one ultimate holy cow that is national security.
Vadipatti police in Madurai filed a case against Mathivanan, an office-bearer of CPI (ML), who carried a Facebook post with a caption in Tamil– "Thuppakki Payirchikaga Sirumalai Payanam," translating to "Trip to Sirumalai for shooting practice."
Though Mathivanan did this out of fun, it did not go well with police who booked him under different sections of IPC, including collecting arms with intention of waging war against the Government of India and criminal intimidation by an anonymous communication (IPC 507), the judge pointed out.
Justice G R Swaminathan invoked well-known satirists, cartoonists and journalists and said had they authored the judgement, "they would have proposed a momentous amendment to the Constitution of India to incorporate sub-clause (l) in Article 51-A," which deals with duty related to abiding by the Constitution and uphold and protect the sovereignty, unity and integrity of India among others.
"To this, the hypothetical author would have added one more fundamental duty- duty to laugh. The correlative right to be funny can be mined in Article 19 (1) (a) of the Constitution of India (the use of crypto vocabulary to be forgiven)," the judge said in his recent order.
Being funny is one thing and poking fun at another is different altogether, he added.
"Laugh at what? is a serious question. This is because we have holy cows grazing all over from Varanasi to Vadipatty. One dare not poke fun at them. There is however no single catalogue of holy cows. It varies from person to person and from region to region."
"A real cow, even if terribly underfed and emaciated, shall be holy in Yogi's terrain. In West Bengal, Tagore is such an iconic figure that Khushwant Singh learnt the lesson at some cost. Coming to my own Tamil Desh, the all-time iconoclast 'Periyar' Shri E V Ramasamy is a super-holy cow. In today's Kerala, Marx and Lenin are beyond the bounds of criticism or satire. Chhatrapati Shivaji and Veer Savarkar enjoy a similar immunity in Maharashtra. But all over India, there is one ultimate holy cow and that is national security", the judge said.
Petitioner Mathivanan, an office-bearer of CPI (ML), had sought to quash the FIR registered by Vadipatti police in Madurai over his Facebook post that carried his pictures of a visit to Siruamalai with the caption in Tamil– "Thuppakki Payirchikaga Sirumalai Payanam," translating to "Trip to Sirumalai for shooting practice."
"The petitioner herein is an important office-bearer of a not-so-important political party. CPI (ML) is now an over-ground organization that contests elections also. Paper warriors are also entitled to fantasise that they are swadeshi Che Guevaras," the judge said.
"Revolutionaries, whether real or phoney, are not usually credited with any sense of humour (or at least this is the stereotype). For a change, the petitioner tried to be funny. Perhaps it was his maiden attempt at humour," the judge said.
He said invoking IPC Section 507 "makes me laugh."
"Section 507 IPC can be invoked only if the person sending the communication had concealed his identity. The communication must be anonymous. In this case, the petitioner had posted the photographs along with the caption on his Facebook page. He has not concealed his identity. There is nothing anonymous about the act in question," he said.
In fact, none of the ingredients set out in the sections under which he was booked was present in the case, the court said.
"The very registration of the impugned FIR is absurd and an abuse of legal process. It stands quashed," the judge ruled.