Nithyakalyani Narayanan. V
The Madras High Court declined to quash the criminal proceedings against S. Ve. Shekher, ex-MLA in a defamation case. The court was hearing the case on the derogatory comment made by Shekher on his Facebook account, which was highly offensive and directed towards women journalists on April 19, 2018. He removed the comment and apologised due to public outrage, but it eventually led to criminal proceedings.
Justice N. Anand Venkatesh highlighted the necessity of responsible social media usage and the possible consequences of forwarding derogatory messages.
While the single-judge-Bench acknowledged his claim that he had received and forwarded the message without fully reading its contents, it stressed the importance of social responsibility when using social media platforms. Justice N. Anand Venkatesh noted that messages sent or forwarded have a significant impact and can spread rapidly, making it crucial for individuals, especially those with influence, to be cautioned. “The more a person is popular in society, he also carries more responsibility in what he conveys to the society.”
The judge found prima facie evidence of offences under the Indian Penal Code, including intentional insult, inciting offence against a community, and outraging the modesty of a woman. It was remarked that the apology tendered did not pardon him of the consequences.
The Bench rejected Shekher’s request to quash private complaints filed against him. It upheld that members of a defamed class could file individual complaints, as per Section 199 of the Criminal Procedure Code.
The High Court transferred the proceedings challenged in the petitions to the Special Court for Trial of Cases relating to MPs and MLAs, directing it to expedite the trial and deliver final orders within six months.
Name of the Case: S.Ve.Shekher v. Al.Gopalsamy, President, Nellaipathirikaiyalar Mantram, Tirunelveli.
Bench: Justice N. Anand Venkatesh
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