H King. File | Photo Credit: The Hindu
Bharatiya Janata Party (BJP) leader H Raja has filed two criminal appeals in the Madras High Court challenging his conviction and six months’ simple imprisonment by the trial court in two different criminal cases.
Appeals, with sub-applications for suspension of sentences pending disposal of appeals, Justice P. It is expected to be listed before Velmurugan along with a portfolio of hearing cases against former MLAs.
After delivering its verdict in both the cases, the Supreme Court itself stayed the sentence for a month to enable the convicts to appeal to the High Court in the interim period and test the veracity of the verdict.
Assistant Sessions Judge G Jayavel, sitting as well as presiding over the extra special court for cases registered against former MPs and MLAs, heard and pronounced the verdict in the two criminal cases on December 2, 2024.
The first case related to an alleged tweet posted by Mr. Raja on his X handle on April 18, 2018 in which former Chief Minister M. Karunanidhi and his daughter Kanimozhi, who was not a Rajya Sabha member at the time, had objectionable comments regarding Purdah.
The Erode town police registered a case under Indian Penal Code sections 153 (inciting people with intent to riot), 504 (intentional insult with intent to disturb peace) and 509 (outraging the modesty of a woman).
Complainant P. After conducting a thorough trial by examining all the witnesses, including Selvaraj, a former DMK minister, the sessions judge found the accused guilty on all three charges but ordered the sentences to run concurrently.
“It is needless to say that the comments made by the accused are highly inflammatory in nature and such irresponsible comments cause trouble and incite violence and disturb public peace and tranquility,” the judge said.
He also said: “This type of toxic message cannot be accepted in a society with the rule of law. No rational human being would accept that this message was the response of a sane man.”
Periyar’s statue case
The second case for which a BJP leader was convicted and sentenced to an additional six months in jail was in connection with a tweet on March 6, 2018 in support of the demolition of statues of rationalist leader Thanthai Periyar.
Although several FIRs were registered in connection with the tweet, the special court clubbed them and conducted a joint trial before finding the accused guilty under Sections 153 and 504 of the IPC and sentencing them to six months imprisonment.
“Thanthai Periyar is a famous social reformer and has done a lot for the society and common people. His ideology and preaching created social consciousness in all sections of the society. He has many followers,” the sessions judge wrote.
He also said: “Any comment that denigrates Thanthai Periyar will not be tolerated by the people of Tamil Nadu or at least by his followers and political parties… Certainly, this kind of message will incite ideological followers.”
published – December 17, 2024 at 10:55 am IST