The Madurai Bench of the Madras High Court on Monday granted anticipatory bail to actor and founder of Makkal Needhi Maiam, Kamal Haasan, who feared arrest for his remark that Mahatma Gandhi’s assassin Nathuram Godse was free India’s first Hindu extremist. He was booked by the Aravakurichi police on the charge of promoting enmity in the name of religion.
Justice B. Pugalendhi observed that considering the facts and circumstances of the case, viewing the speech as a whole and taking into account the fact that Mr. Haasan was a leader of a registered political party and that the election process was still pending, the court was inclined to grant him anticipatory bail. The court perused the video of the speech he made at Pallapatti as part of an election campaign.
“Whether it is a fundamentalist, terrorist or an extremist, let them not be defined by their religion, race, place of birth, residence and language of a person. A person becomes a criminal by his behaviour and not by his birth. Identifying a criminal with a religion, caste or race would definitely develop hatred among the people,” the court said.
Citing two Tirukkural couplets, the judge said: “Let the good who know the use of words speak with a clear knowledge after ascertaining the time and the audience” and “speak what is useful and speak not useless words”.
Role of media
Referring to Mr. Haasan’s defence that he had stated a historical truth, the court observed that even if it is a historical event, if it is not made in a proper context, it is an offence.
The court observed that of late, hate speech had become a common affair. The media was giving more importance to hate speeches, and debates were held on them for hours together. In the said public meeting, Mr. Haasan had made constructive suggestions to stop sand mining and to promote native industries. There was no discussion on this at all, whether it was feasible or not. But the discussion on the said remark was not over yet, the court said.
The senior counsel representing Mr. Haasan had submitted that he had made the statement once. But the media was repeating it again and again, and if the petitioner was liable to be prosecuted, so too was the media.
The court observed that a small spark could light a lamp as well as destroy a forest. What was required for the audience in an election meeting was a constructive solution for uplifting the common man.
“Our country has already witnessed several incidents pursuant to public speech. Innocent people have suffered enough. It is the duty of the State not only to take stringent action but also to prevent the same,” it said.
Bail conditions
The court ordered that Mr. Haasan be released on bail in the event of arrest or on his appearance within a period of 15 days before the Judicial Magistrate II, Aravakurichi, on the condition that he executes a separate bond for ₹10,000 with two sureties each for a like sum to the satisfaction of the police concerned or the magistrate concerned. The actor-politician shall comply with the conditions as stipulated under Section 438 of the CrPC (Direction for grant of bail to person apprehending arrest), it said.
Mr. Haasan, in his petition, said he believed in universal brotherhood and was for peaceful co-existence. He claimed that the crux of his speech was not aimed at hurting religious sentiments. The State government had submitted that at least 76 complaints were received against the petitioner for the said remark, which had created hatred among people.