Madras HC Rejects Ponmudy's Plea to Quash Hate Speech Case

The Madras High Court has refused to quash a private criminal complaint against former Dravida Munnetra Kazhagam (DMK) Minister K. Ponmudy for allegedly making derogatory remarks against Saivites, Vaishnavites, and women in April 2025. Justice G.K. Ilanthiraiyan, on Thursday, dismissed a criminal revision petition filed by the former Minister challenging the magistrate's decision to take cognisance of the complaint.

The complaint was lodged by Uma Anandan, a Bharatiya Janata Party (BJP) councillor in the Greater Chennai Corporation (GCC). She alleged that in a speech delivered while Ponmudy was serving as Forest Minister, he compared the religious symbols worn by Saivites and Vaishnavites to sexual postures described by a sex worker. The remarks were made at an event in Chennai and later circulated on YouTube.

Anandan argued that the speech promoted enmity between different groups and wounded the religious feelings of the two Hindu sects. She initially approached the police, but the complaint was closed. She then filed a private complaint before the III Metropolitan Magistrate's court at George Town in Chennai, which on February 23, 2026, ordered summons to the former Minister.

Ponmudy challenged that order in March 2026, claiming that his speech was merely a recollection of statements made by another person years ago, and not his own invention. He argued that no offence under Sections 196(i)(a) (promoting enmity), 299 (deliberate and malicious acts to outrage religious feelings), and 302 (uttering words to wound religious feelings) of the Bharatiya Nyaya Sanhita (BNS), 2023, was made out.

The court, however, found merit in the complainant's case and dismissed the revision petition. The case will now proceed before the magistrate for further hearings. The decision underscores the judiciary's role in addressing hate speech and protecting communal harmony.

Saivites and Vaishnavites are two major sects within Hinduism, distinguishable by the symbols they wear on their foreheads: Saivites wear a horizontal mark (pattai) and Vaishnavites wear a vertical mark (tiruman). The alleged remarks have been widely condemned as offensive and divisive.

The High Court's order reaffirms that no individual, regardless of their political stature, is above the law when it comes to maintaining social harmony. The case continues to draw attention as a test of legal boundaries on free speech and religious sentiment in India.