Court rules mere speech without accompanying acts does not constitute an offence under IPC or UAPA
In a significant decision, the Madras High Court has quashed the First Information Report (FIR) against S. Kumaradevan, who was accused of delivering a speech promoting communal disharmony. The judgment, delivered by Justice D. Bharatha Chakravarthy, emphasized that mere speech, without any accompanying acts, does not amount to offences under the Indian Penal Code (IPC) or the Unlawful Activities (Prevention) Act (UAPA).
The petitioner, S. Kumaradevan, was involved in a public meeting organized by the Indian National League Party in December 2016, where he delivered a speech that allegedly contained inappropriate words. However, the speech concluded with an appeal for unity among the people, which the court found crucial in determining the intent behind the words spoken.
The FIR was registered under Sections 153, 153(1)(a)&(b), 504, 505(1)(b)(c), 505(2) of the IPC, and Sections 2(o) and 13(1)(b) of the UAPA. The court noted that the lapse of time since the occurrence in 2017 and the current social context made the continuation of the investigation or trial unnecessary.
Justice Chakravarthy cited previous judgments, including the Supreme Court's ruling in S.G. Vombatkere v. Union of India, emphasizing the importance of considering the social milieu when evaluating such cases. The court underscored that the use of the term "Hindu terrorism" in the speech, although inappropriate, did not constitute an offence, particularly as it was not supported by any overt act.
The court concluded that prosecuting the petitioner after nearly a decade would serve no useful purpose and might even be oppressive. Consequently, the criminal original petition was allowed, and the FIR against Kumaradevan was quashed. This decision highlights the court's nuanced approach to balancing free speech with the need to prevent communal disharmony, especially in the absence of accompanying actions that could incite violence or hatred.
Bottom line:-
Speech made during a public meeting, though containing inappropriate words, cannot be said to intend division of people on communal lines when it ends with an appeal for unity. Mere speech without accompanying acts does not constitute offences under Sections 153 or 153(1) of IPC or other related provisions.
Statutory provision(s):
153, 153(1)(a), 153(1)(b), 504, 505(1)(b), 505(1)(c), 505(2) of IPC, 2(o), 13(1)(b) of Unlawful Activities (Prevention) Act, 1967
S. Kumaradevan v. Inspector of Police, (Madras) : Law Finder Doc id # 2948516
