Derogatory speech by Ponmudy: Madras High Court orders notices to DGP, Chennai Commissioner of Police-OxBig News Network

K. Ponmudy. File
| Photo Credit: The Hindu

The Madras High Court on Friday (June 13, 2025) ordered notices, returnable by June 25, to the Director General of Police/Head of Police Force as well as Greater Chennai Commissioner of Police on a suo motu writ petition taken up by the court for registration of a criminal case against former Minister K. Ponmudy of Dravida Munnetra Kazhagam (DMK) for his derogatory speech against Saivites, Vaishnavites and women in general.

Justice P. Velmurugan also directed the High Court Registry to furnish to the two officers, the copies of an order passed by Justice N. Anand Venkatesh on April 23, 2025 for taking up the suo motu case. Pursuant to the order, the writ was numbered with the concurrence of Chief Justice K.R. Shriram and listed for hearing before Justice Velmurugan since he holds the MP/MLA portfolio at present.

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Chief Minister M.K. Stalin had dropped Mr. Ponmudy from the Cabinet on April 27, 2025 pursuant to the speech delivered at a meeting organised by Thanthai Periyar Dravidar Kazhagam (TPDK) in Chennai on April 8, 2025. Justice Venkatesh had taken serious note of the issue on April 23, 2025 after video clips of the speech went viral on the social media and wondered how the police had not booked a case for hate speech.

In his April 23, 2025 order, the judge wrote: “These comments, on the face of it, are completely derogatory of women and deliberately spew venom and hatred on the two main sects of Hinduism viz., Saivism and Vaishnavism.”

The judge went on to state: “As is perhaps known, Saivites venerate Lord Shiva as the supreme being whose focus is on achieving liberation (Moksha) from the cycle of suffering. Vaishnavites, on the other hand, are worshippers of Lord Vishnu in his various avatars, and consider him as the supreme being among all Hindu deities. Saivism and Vaishnavism hold a deep religious significance in the State of Tamil Nadu.”

“To many, the religious practices of these two sects form a part of their creed,” the judge said and observed that the Minister, in his speech, ought not to have likened the Tiruman (three vertical lines sported by Vaishnavites on their forehead) and Tripundra (the three horizontal lines sported by the Saivites on their forehead) with the suggestive sexual postures by a sex worker.

“In Saivism, the horizontal lines on the forehead is a sacred religious symbol depicting Lord Shiva’s three aspects: creation, preservation and destruction. In Vaishnavism, the three lines are a symbol of a Vaishnavite’s devotion and commitment to the path of righteousness (dharma) and spiritual enlightenment… The available clip played in the court shows the Minister has likened these sacred religious symbols with sexual positions,” the order read.

Justice Venkatesh also said: “Prime facie, it is evident that the video demeaned the moral worth of sex workers, particularly women and was calculated to subvert the harmony and peace of religious groups and various sects. Apart from being obscene, the speech also undoubtedly wounds the religious feelings of Vaishnavites and Saivites and is aimed at insulting the Hindu religion and religious feelings of these religious groups.”

Further, observing that the Minister had prima facie appeared to have delivered a hate speech, the judge said, it would attract Sections 79, 196(1)(b), 296(a), 299 and 302 of the Bharatiya Nyaya Sanhita (BNS) of 2023. He also highlighted the Supreme Court to have come down heavily upon those who deliver hate speeches and said, the top court had also directed the police to act against such individuals. by registering criminal cases.

“The Minister had admitted to making these derogatory comments and had, in fact, been removed from the post of Deputy General Secretary of DMK. Still, the police machinery which is tasked with the job of tackling hate speech lay motionless… The continued inaction and hesitation of the police in registering an FIR for hate speech against a Minister is most distressing and unfortunate,” the order read.

Justice Venkatesh had passed the order before Mr. Ponmudy resigned from the Cabinet on April 27, 2025. Then, he had also directed the Registry to register a suo motu writ petition and place it before the Chief Justice for appropriate directions on the administrative side. Since the High Court was on summer vacation for the entire month of May, the petition was listed for admission on Friday (June 13, 2025).